Alternative dispute resolution (ADR) encompasses all mechanisms for resolving disputes outside state court proceedings: mediation, conciliation, expert determination, mini-trial, dispute boards and arbitration. In M&A, ADR is widely embedded in SPAs and shareholders' agreements to handle post-closing disputes on earn-out calculations, completion accounts adjustments, and warranty claims. Expert determination — appointing an independent financial expert whose decision is binding — is particularly suited to financial disputes requiring technical expertise rather than legal argument.

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Example: after the sale of a Swiss hospitality group for CHF 22.0 million, seller and buyer disagree on the working capital adjustment for CHF 1.2 million. The SPA provides for binding expert determination by an independent financial expert. The procedure resolves the dispute in 6 weeks — compared to 18–36 months for institutional arbitration — at a fraction of the cost.

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Hectelion serves as independent financial expert in ADR proceedings for M&A pricing disputes across French and Swiss jurisdictions.