International Consensual Dispute Solutions

Mediation | And More

My Services

Disputes are ubiquitous. They can be the result of poor communication. They can be based on misunderstandings and power disparities. They can be caused by differences in opinion, interest and preference. When they escalate, they become disruptive, consuming, expensive. They can destroy relationships, careers, businesses.

I offer support  in dealing with dispute risks, especially in international settings, offering bespoke expert services including early dispute prevention, appropriate dispute resolution, integrated dispute management, but also as mediator and arbitrator. I help to transform disputes into success.

Because every dispute is also opportunity.

I offer my services in the following areas:

Business

I help small, medium and large businesses to identify, avoid and manage disputes. Early detection of the potential for a dispute, as well as targeted intervention to prevent disputes from arising and escalating, can save businesses time and money. Moreover, it allows business to remain in control of their operations and protects their business reputation.

Art

The art market is unique. Collectors, investors, museums, and auction houses build a complex web of market participants. Disputes relating to sales, intellectual property, provenance, or insurance, are common, as are disputes over the return of allegedly stolen or looted artworks. Both, arbitration and mediation are often superior to litigation, and I assist parties in designing the best dispute resolution process for their particular dispute.

Cultural Objects

For centuries, cultural objects have been taken from their countries of origin by colonial powers, occupying forces during wars, savvy antiquities dealers, or archeologists. Today, cultural objects are increasingly the subject of interstate negotiations and mediations for their return to their country of origin. I assist parties in their negotiations and mediations, bringing to bear not only my deep understanding of this sensible subject, but also my well-developed aptitude in intercultural communication.

Succession

As mediator and negotiator, I enable parties to actively participate in crafting mutually agreeable solutions. I promote constructive dialogue, bridge cultural differences, inject empathy, and assist in identifying common ground so that parties can reach fair and lasting solutions that resolve disputes. As arbitrator I am guided by the highest legal and ethical standards, promoting access to justice and due process. I also help parties to meld mediation and arbitration to effective, efficient, and transparent hybrid processes.

For more information, visit my personal website www.thomasjohn.law.

Human Rights

Businesses have a responsibility to respect human rights. Respecting human rights is part of their corporate social responsibility. Where businesses fall short of this responsibility, for example by:

  • exploiting workers;
  • offering poor or dangerous working conditions;
  • causing environmental pollution or engage in deforestation;  or
  • engaging in systematic discrimination, including along supply chains;

they can violate these human rights.

For those affected by such violations, it can be difficult to find effective and efficient remedies. Access to justice may be frustrated.

Human Rights Mediation offers a real alternative to traditional human rights litigation. I assist parties in such mediations but also mediate such disputes.

For more information, go to: https://humanrightsmediation.nl/home/ as well as to my personal website www.thomasjohn.law.

Trusts

Fiduciary arrangements that allow a third person (the trustee) to hold assets for the benefit of someone (the beneficiary) are called Trusts. Their establishment are a common method in common law countries to divorce ownership and benefit. Depending on their purpose and set up, they can be used to control wealth, increase privacy around assets, create a legacy or avoid succession disputes.  I cooperate with leading TEP practitioners who can ensure the appropriate establishment of Trusts, including adequate measures to prevent and manage any disputes between trustee and beneficiaries.

Private Clients

I cooperate with leading private client lawyers who assist individuals in structuring and managing their wealth, adding appropriate dispute avoidance measures and resolution strategies. See also my services relating to Art, Succession, and Trusts.

Investment

Investor engagement in States are often, but not always, high-value transactions for both the investor and the State. Disputes are common and lengthy, and are often the result of government and / or policy changes in the State. I assist investor and States with devising appropriate dispute resolution processes as well as in the resolution of disputes, especially in form of mediation and hybridised processes based on both mediation and arbitration. With a view to shortening the dispute and find solutions that benefit both, I seek to capitalise on the often (still) aligned interests of the investor and the State.

Contact

Phone

+31[6] 4381 6644

Email

reception@icon-ds.eu

Address

Kantoorgracht 74 E, Delft, 2611 PE, Netherlands