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IMI Certified Mediator
Dutch, English, French, Portuguese
Attorney and founder of DS De Backer and Bastin, Brussels, Helena De Backer has apart from her law degree, a degree in Economics and a degree in Taxes. She has nearly 40 years experience as an arbitrator and lawyer assisting her clients in cross-border contract negotiation mostly related to M&A, IP and new technologies projects. Helena is one of the founders and past president of the Brussels Business Mediation Center (BBMC) of which she is still director. She is a mediator certified by the Belgian Federal Mediation Commission, the BBMC and various foreign mediation institutions. Helena also serves on several ADR committees and is the chairman of the Mediation and conflict Prevention Commission of the UIA. She has practiced commercial mediation since 19999. She is a deputy judge at the Court of Appeal of Brussels.
Civil, commercial and labor law mediator since 1999 in approximately 35 cases, I have also assisted my clients in various commercial and labor disputes. These disputes concerned alleged infringement of patent rights, shareholder disputes in family businesses, employment disputes, partnership disputes, real estate and construction disputes, inheritance disputes between children and step mother over estate with assets located in different countries, acquisition of companies, Automotive projects, IP rights.
Being fluent in several languages, I have conducted mediation involving parties speaking different languages and communicated with each of them in their own language.
The mediations were ad hoc mediations in which I was appointed based on my reputation with the counsel of the parties, or by an institution such as the CMAP or the BBMC.
Being based in Brussels, I am faced all the time with cultural differences in my work as a lawyer and mediator. Together with the parties I will design a process that is compatible with their cultural environment, values and time and budget constraint. I will always make sure that all the parties have a clear understanding of the agreed process. The preparation of the mediation is very important for the success of the mediation and I try, when possible, to meet the parties separately with their counsel before the first joint session, in order to know the persons involved. I will choose a rather facilitative or evaluative style depending on the request of the parties, the type of dispute and the timing in the mediation process. I am known as having a creative approach to dispute resolution and practice an interest based mediation focused on future interests, business needs and will try to help the parties to find, if possible, new business opportunities. The goal is to reach an outcome satisfactory to all parties within an agreed time frame.
Disputes with an international and/or cross-cultural or multi-language dimension Mergers and Acquisitions Partnerships Automotive projects IP disputes Employment disputes Civil mediations (inheritance, separations) on a national and international level
200-350 € per hour
Former member of the Bar Council; Member of the Belgian Federal Mediation Commission; Chair, UIA Mediation and Conflict Prevention Commission; Vice-Chair, Brussels Business Mediation Center. Member and Officer, International Bar Association Dispute Resolution Section Founder and member of BBMC (the Brussels Business Mediation Center)
Training and Education
Certified Mediator by the Belgian Federal Mediation Commission, the BBMC and various foreign mediation institutions.
1998-2011: Organizer of and speaker at seminars on mediation in Belgium, Rome, Lisbon, Barcelona, Geneva, Buenos Aires, Rio de Janeiro, Jaipor, Prague, Damascus 2000-2011: Coordinator of trainings and trainer in mediation at the Brussels Business Mediation Centre (minimum 3 per year), the actual training being of 12 days of 8 hours. 2000-2011: Responsible for the mediation course for the Flemish Brussels Bar. 2001 Trainer of a 5 day training course in Lisbon. 2007 Sole trainer at a 3 day course on mediation in Alexandria financed by the European Commission. 2008 Main trainer in an Alternative Dispute Resolution / Mediation; Pilot Project For Morocco, financed by International Finance Corporation (3days in Rabat and 5 days in Casablanca) 2008 trainer of a 5 days training program of the ICC in Hong Kong 2010 trainer in a 5 days training in mediation in Alger financed by the European Commission 2011 trainer in a 5 days training in Morocco
- IMI Code of Professional Conduct
- Belgian Federal Mediation Commission Code of Conduct
- BBMC (Brussels Business Mediation Centre) Code of Conduct
- IMI Complaint process
- Belgian Federal Mediation Commission Complaint process
- BBMC (Brussels Business Mediation Centre) Complaint process
Professional Liability Indemnity Insurance with Chartis Europe and Ethias with a maximum coverage per event of 3 250 000 €