Dispute
Resolution &
Litigation

Prevent, resolve or win. Augé stands by your side at every stage.

Business disputes: timing changes everything

Every business dispute goes through three distinct stages: the stage where the dispute has not yet arisen but the risk already exists; the stage where the dispute has arisen but can still be resolved without going to court; and the stage where litigation becomes unavoidable and the only objective is to win. Each stage requires a different approach, and confusing them can be costly.

Callout: Four months of arbitration versus two years of litigation, with an equally binding outcome. Not because it’s more convenient, but because it’s more efficient.

 

Most disputes that reach the Andorran courts could have been avoided with a properly drafted clause in the original contract. And many of those that do escalate into formal disputes could be resolved through mediation or arbitration instead of defaulting to court proceedings.

At Augé, we support clients at all three stages: we design contractual safeguards before disputes arise, represent and assist clients in mediation when a dispute can be resolved without going to court, and provide robust legal representation when litigation becomes unavoidable. The same strategic approach, applied through three different tools.

What does it mean to manage a business dispute with Augé?

It’s not about hiring a lawyer once legal proceedings have already begun. It’s about having a team in place before a dispute even arises—one that understands which stage you’re at and which approach is best suited to each situation.

IT'S NOT

The lawyer you call only after you've received a claim or a letter from the other firm's lawyers, who steps in without knowing your contract, your history with the other party or the context of the dispute, and has only one tool available: litigation—even when mediation or arbitration would have been the more appropriate solution.

IT IS

A team that assesses your situation honestly from the very beginning, with deep expertise in both court proceedings and alternative dispute resolution methods (because we act on both sides—as legal counsel representing a party and as independent mediators or arbitrators). Together with you, we determine which approach will deliver the best outcome—not the one that generates the most billable hours.

How we work

Prevention, Resolution & Litigation

Prevention, dispute resolution and litigation are not separate services that you engage one after another—they are different stages of the same process. And the team that has been with you from the outset is best placed to understand every decision that needs to be made along the way.

Prevention: design today how tomorrow's disputes will be resolved

No one signs a contract expecting it to fall apart. Yet contractual disputes are a statistical reality: in any business relationship, differences in interpretation, breaches of contract or changing circumstances can arise. Without a well-drafted ADR (Alternative Dispute Resolution) clause, litigation becomes the default option—a process that is lengthy, costly and public. By contrast, a properly drafted mediation or arbitration clause allows the parties to agree in advance on a private and efficient dispute resolution mechanism that strengthens the contract rather than weakens it.

  • Analysis of the contract and the specific risk profile of the business relationship.
  • Drafting the ADR clause best suited to the likely types of disputes and the value at stake.

Efficient dispute resolution: mediation, conciliation and arbitration

Court proceedings are often the worst way to resolve a business dispute: they are costly, time-consuming and public. Mediation, conciliation and arbitration are not second-best alternatives—they are the dispute resolution methods preferred by major international businesses because they are more efficient, more confidential and better suited to the specific circumstances of each case. The difference between litigation and a well-designed arbitration process can be two years versus four months, with an outcome that is just as legally binding. At Augé, we work on both sides of the process: as legal counsel representing a party and as independent mediators or arbitrators.

  • Assessing the dispute and recommending the ADR mechanism best suited to its nature and urgency.
  • Representing clients in mediation, conciliation and arbitration proceedings.

Litigation: when winning is the only option

There are situations where dialogue has broken down or the other party is acting in bad faith. In those moments, you don’t need a lawyer who simply manages the dispute—you need a team that knows how to win it. High-quality litigation is not about blind aggression; it’s about strategy, technical excellence and the ability to anticipate every move your opponent may make. The Andorran legal system has its own procedural rules, deadlines and court hierarchy. Appearing before its courts without in-depth knowledge of how they operate can seriously undermine your position. At Augé, we provide an honest assessment of your chances of success and, when we take on a case, we commit to it wholeheartedly.

  • Thorough analysis of the case and a realistic, transparent assessment of the prospects of success.
  • Developing the litigation strategy from the outset, with a clear view of every stage of the proceedings.
  • Drafting all procedural documents and court submissions with the highest level of technical precision.

Types of business disputes we handle

Shareholder and partner disputes: challenging corporate resolutions, share valuation and partner exits, governance disputes.

Contract disputes between businesses: disputes involving suppliers, customers, distribution agreements and commercial partnerships.

Corporate litigation: directors' liability and disputes within the board of directors.

Real estate and property disputes.

Inheritance disputes affecting businesses: where succession issues threaten business continuity.

Intellectual and industrial property disputes: trademarks, patents, domain names and copyright.

Claims and appeals against public authorities.

Signs you can’t afford to wait any longer

Go through this checklist honestly. If more than one of these situations applies to you, the time to act is now—not when legal proceedings begin.

A supplier or customer is repeatedly breaching their obligations and no longer responds to attempts at an amicable resolution.

A shareholder or business partner is blocking decisions or regularly challenging corporate resolutions.

You have received a formal notice, a legal claim or a letter from another law firm.

A key contract does not include a dispute resolution clause.

A dispute has been "managed" internally for months without any real progress.

You are considering court proceedings without first assessing mediation or arbitration as alternatives.

A family or shareholder dispute is threatening the continuity of the business.

Who is this service for?

Businesses and individuals involved in commercial, contractual or corporate disputes at any stage.

Executives and boards of directors who want to safeguard their contracts before a dispute arises.

Shareholders or business partners who disagree on the management or valuation of the company.

Family businesses seeking to resolve disputes while preserving long-term relationships.

Property owners or investors involved in real estate disputes requiring legal support.

Organisations affected by administrative decisions that need to be challenged before the competent courts.

Frequently asked questions about dispute resolution and litigation

Mediation aims to help the parties reach a mutually agreed solution with the assistance of a neutral third party, without anyone imposing a decision. Arbitration is a more formal process in which an arbitrator issues a legally binding decision, similar to a court judgment, but in a private setting and generally much faster than court proceedings. Litigation is the judicial process, where a court resolves the dispute in accordance with the applicable procedural rules.

No, unless the contract itself includes a clause requiring the dispute to be resolved through mediation or arbitration. Andorra’s Mediation Act 3/2018 establishes that these mechanisms are voluntary. That is why it is advisable to include such a clause when drafting the contract: otherwise, court proceedings become the default route.

It depends on the complexity of the case and the stages of the proceedings involved. However, a well-structured arbitration can often be concluded within a matter of months, whereas equivalent court litigation may take several years. Once we have assessed your specific case, we can provide you with a realistic estimate.

Yes. We act in both capacities: as legal counsel representing the interests of one of the parties, and as independent mediators or arbitrators when the parties to the dispute agree to appoint us.

The cost depends on the dispute resolution method chosen, the complexity of the case and the value at stake. However, mediation and arbitration are generally significantly more cost-effective than lengthy court proceedings, as they reduce the time involved, cumulative legal fees and court costs. After reviewing your case, we can provide you with an indicative cost assessment.