Non-binding advice

Conflict support by independent experts

In non-binding advice, conflict parties agree to present their conflict to an independent, subject matter expert third party. Conflict parties commit in advance to the decision, without it being truly binding.

A non-binding advisor can be anyone; it is informal. However, it should be noted that the stronger the qualities of the subject matter expert, the greater the likelihood that the decision will be embraced.
The accessibility makes it a frequently chosen form of conflict resolution.


Choosing a conflict guidance method: the lighter the better

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What does non-binding advice entail?

Each party in the conflict can propose to engage a non-binding advisor. The advisor must be acceptable to all parties involved. There are no further restrictions regarding the person of the non-binding advisor or the procedure.

Conflict parties can, in consultation with the non-binding advisor, fully determine how the procedure unfolds. Conflict parties can also personally handle the procedure and are not required to be assisted by a (legal) advisor. As a result, this procedure offers a relatively quick, simple, and cost-effective resolution of a conflict.

A high degree of decision-making freedom is required from conflict parties.

Reasons to choose non-binding advice

The stronger the qualities of the substantive expertise of the advisor, the greater the likelihood that conflict parties will embrace his statement and thereby resolve their conflict. And this despite the fact that compliance with the agreements cannot be legally enforced.

Additionally, the presence of many dilemmas within the conflict, making it highly uncertain how a judge will rule, is a reason to opt for non-binding advice.

The benefits of non-binding advice are as follows:

  • The method is informal, fast, and cost-effective. Customization is possible. Because all conflict parties have the freedom to disregard an unfavorable piece of advice and still opt for a different conflict resolution method, they legally maintain their autonomy. This makes this method very accessible and easy to agree upon with the other party.
  • The method is generally effective and only ‘relatively non-binding’. Relatively, because on the one hand, one can deviate from the decision, but on the other hand, there is a decision by an objective subject matter expert to whom all conflict parties have given their trust in advance. This creates a kind of moral obligation.

Do you have a conflict and are you seeking non-binding advice? Or would you like to discuss the possibilities of non-binding advice? Feel free to contact us without obligation.


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