Mediation in Commercial Disputes
Mediation can offer a way to resolve a commercial dispute without ending the business relationship outright.
Read articleWhen receivables are not collected on time, they turn directly into a cash flow problem. The route followed in the recovery process depends on the nature of the receivable, the relationship between the parties and the debtor's attitude. Choosing the right route is decisive for both time and cost.
Before starting, the basis of the receivable, its amount and whether it has fallen due must be established clearly. Invoices, contracts, delivery notes and correspondence form the foundation of that assessment.
In some situations, a payment plan or settlement discussion between the parties can be more effective than going straight to enforcement. If the commercial relationship is to continue, this option may be considered first.
The negotiation process, however, should not lead to neglecting the steps that protect the receivable.
Where payment is not made, enforcement proceedings allow the receivable to be pursued quickly. If the debtor objects, judicial routes may come into play. Which route to choose at that stage is assessed according to the specific circumstances of the file.
In some cases, protective legal measures need to be considered to secure recovery of the receivable. The timing of these measures directly affects the prospect of recovery.
It depends on the debtor's attitude and the route followed. Files resolved by agreement can settle quickly, while objections or judicial processes may take longer. Planning the process realistically from the outset is therefore important.
In some situations, recovery can be achieved through negotiation and a payment plan while preserving the commercial relationship.
This content is for general information only and does not constitute legal advice. Information requiring verification of its currency is subject to legal review.
Mediation can offer a way to resolve a commercial dispute without ending the business relationship outright.
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