In Luxembourg, dispute resolutions may be sought through either public or private means. Parties are free to have recourse to alternative dispute resolution (“ADR”), among which mediation allows disputes to be resolved quickly and efficiently.

Mediation is a voluntary and structured process in which two or more parties to a dispute voluntarily attempt, on their own, to reach an agreement on the resolution of their dispute with the assistance of a mediator.

The mediator is independent, impartial and neutral. The main mission of the mediator is to create a dialogue between the parties and help them resolve their dispute. The mutual resolution will also help give the parties a place to start for future interactions.

Luxembourg law guarantees the confidentiality of mediation. It also ensures that the respective rights of the parties do not prescribe during the duration of the mediation process.

Finally, a mediation agreement reached by the parties may be homologated by Luxembourg court and will thus have the same value as a final judgment capable of being executed by force.

From a pragmatical point of view, mediation offers the parties more control over the outcome, while it aims at bringing a solution to the dispute or bringing the parties together to help them find an amicable solution, out-of-court.

Our Partner, Dr Shaohui Zhang, certified mediator (Médiateur Agréé) at the Luxembourg Ministry of Justice, frequently acts as mediator in civil and commercial mediation, of which key areas of legal guidance cover: Corporate M&A dispute, Commercial dispute, shareholders dispute, international investment dispute, and Bank-clients dispute.