We are launching a new blog about alternative dispute resolution

Welcome to the new blog by Wierzbowski Eversheds. We dedicate it to alternative dispute resolution, in particular arbitration. The purpose of our blog is to bring to both entrepreneurs and their legal advisors broadly defined ADR, thanks to which resolving disputes out of common courts may be faster, cheaper, more efficient, more controlled. We hope that the content we present here will be useful to you and that you will stay with us for longer.

“Compromise is the art of dividing a biscuit so that each partner believes that he received the biggest piece" 1

"Statistical analysis of activity of common courts in 2015" shows that last year common courts received over 15 million cases, of which more than 1/3 concerned civil matters. This number is growing year by year and, compared to 2014, has increased by more than 500 thousand cases. This is because the growing market demands newer, more complex legal structures, which in turn generate conflict.

We cannot escape this state of affairs. However, you have to ask yourself a question, why the parties did not find a better solution than to go to court in such a large number of cases? It is a well-known fact that the court proceedings are lengthy, and the lengthiness of proceedings is still one of the obstacles to business development.

Where lies the cause?

Seeking an answer to this question, I talked with many entrepreneurs, both domestic and those operating internationally, and even globally. It turned out that often at the root of this situation lies our mentality. In the minds of entrepreneurs lingers an often used in dispute situations saying "Well, we will see you in court!!!" And yet, it does not have to be this way...

According to the study "Arbitration Research 2016" [2] as much as 57 percent of the surveyed businessmen prefer common court as a way to resolve disputes. This is due to a mental barrier, a habit which requires taking the disputed matter to the judge.

The blog, which we are inaugurating with this entry, is devoted to arbitration and Alternative Dispute Resolution. Its aim is to bring to both entrepreneurs and their legal advisers, broadly defined ADR, thanks to which resolving disputes out of common courts may be faster, cheaper, more efficient and more controlled.

We are going to dispel myths about ADR and talk about the pros and cons of arbitration. We would like to talk with you about mediation, to discuss other ways of alternative dispute resolution. We will also try to convince you that it is worth to think ahead when planning business relations and establish "A smart strategy" in the event of a potential dispute. We look forward to a lively discussion, because we know that your knowledge of ADR and your opinion of their bright and dark sides is the key to escape from stereotypical thinking of dispute resolution only before the common court.

We will be happy to receive your comments.

Enjoy the reading!

[1] Ein Kompromiss, das ist eine Kunst, einen Kuchen so zuteilen, dass jeder meint, er das größte Stück bekommen – Ludwig Erhard (1897-1977)  

[2] Arbitration Research 2016, M. Kocur, J. Kieszczyński, J. Zrałek, M. Zachariasiewicz

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About the blog

We write about the benefits of arbitration and ADRs’ advantages over litigation and encourage the use of alternative forms of dispute resolution. We discuss basic institutions used in arbitration, unknown in the court proceedings. We indicate potential problems in the arbitration – common court relationship. We also follow and comment on current legislative activity on ADRs. 

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