tvistbilæggelse

Tvistbilæggelse is the process of resolving disputes between parties through mechanisms designed to settle conflicts with or without court involvement. The term, used in Danish and Norwegian legal discourse, covers negotiation, mediation, conciliation, arbitration, and litigation. The aim is to reach a binding or non-binding resolution more efficiently and confidentially than traditional trials, while preserving relations where possible.

Common methods include negotiation (direct talks), mediation (assisted negotiation by a neutral mediator with non-binding outcomes unless a settlement is signed), and arbitration (a binding decision by an arbitrator or panel). Arbitration awards are typically enforceable under national law and international agreements, such as the New York Convention. Litigation, the traditional court process, remains available when ADR does not produce a resolution or is unsuitable.

Tvistbilæggelse is widely used in commercial and civil disputes, but is also relevant in family, employment, and construction contexts. Contracts often contain ADR clauses requiring mediation or arbitration before or instead of court proceedings. In cross-border issues, international instruments and national laws provide enforcement and procedural rules to facilitate cross-border dispute resolution.

Regulatory frameworks vary by country but commonly support mediation and arbitration, provide mechanisms to enforce awards, and align with international standards to facilitate cross-border resolution. Critics highlight potential power imbalances or perceived inequity in non-binding processes, while proponents emphasize speed, cost savings, confidentiality, and relationship preservation.