Let’s paint a picture: you’re clashing with a family member, a neighbour, or a landlord — but legal action is far too costly and time-consuming for your circumstances.
If you’re living in the Netherlands, mediation may be the solution you’re looking for.
Mediators are legal professionals who help reach agreements and resolve tensions between people in a peaceful and more constructive way.
Let’s face it, people in the Netherlands are not about the drama. Mediators are a common first step before taking conflicts to the courtroom and are often successful in solving disagreements.
So, how does mediation work, and how can a mediator help you?
What is a mediator (bemiddelaar)?
Not really sure what a mediator does or where they work? Geen probleem!
Essentially, a mediator — called a bemiddelaar in Dutch — is a neutral (often third) party who oversees a conflict and helps those involved reach an agreement that everyone considers acceptable.
Mediators can resolve issues in a variety of cases, such as family matters (e.g. divorce, estates, etc.), civil and commercial matters (for example, concerning rental agreements or issues between shareholders), and social matters (such as the dismissal of an employee).
READ MORE | Divorces in the Netherlands: all you need to know
Overall, mediators are trained to handle all kinds of conflicts that life may throw at someone, which makes them quite adaptable to any circumstance you may find yourself in.
GMW Lawyers are experts in many areas of law — including mediation. What makes them a great option for internationals? They can offer their services entirely in English and have an understanding of what it’s like to be an expat in the Netherlands. Intrigued? Plan a consultation with them now!
What do mediators in the Netherlands do?
Mediators in the Netherlands have the following responsibilities:
First, and most importantly, mediators adopt a neutral stance to help the parties solve their conflict without any biases.
Then, they help create a mediation space where the parties can reach a solution while maintaining the relations between those involved in the negotiation.
Naturally, they also have the important task of making sure both parties are fully informed about their legal rights and obligations.
READ MORE | Top 12 services for expats in the Netherlands to make your life easy
While they’re not relationship therapists, they make sure parties are communicating and expressing their emotions about the conflict. This often helps create a mutual understanding between parties and allows them to be open to solving problems in a constructive way.
Is it compulsory to use a mediator in the Netherlands?
Nee. It is completely voluntary to use a mediator in the Netherlands. Parties always choose a mediator together, often without a judge, and neither party is actually obligated to take part in the mediation.
In the Netherlands, there’s also something known as judicial mediation. This is where a judge may recommend using a mediator instead of legal proceedings — however, this is also voluntary.
Why should I opt for a mediator in the Netherlands?
While it’s not mandatory, there are many pros to using a mediator in the Netherlands.
There can be more satisfactory results for each party
Mediations tend to be more flexible than taking things to court, making it easier to reach “customised” agreements about the conflict or dispute.
It’s not about taking as much as possible from the other side in order to emerge the winner, it’s about making sure both sides get something they need.
It can preserve relationships
Settling disputes with a mediator is also usually more constructive and amicable than legal proceedings. Mediators have everyone’s best interests in mind and don’t envision the solutions as a win-lose situation.
This usually means people walk out of mediation with an acceptable solution to their problems while maintaining a good relationship with the other parties involved — and let’s face it, we all hate icy stares.
They can be faster and more confidential
If parties want to move on from disputes and avoid lengthy investigations, mediation is a great option.
They usually move faster than legal processes and are carried out in complete confidentiality. This means that no information about the mediation process or agreement is disclosed to the public.
Mediation is the least invasive option when it comes to your privacy, which can be especially important for conflict cases involving people you want to keep good, close relations with.
Ok, I want a mediator in the Netherlands, how does it work?
Mediation is a straightforward process with six core steps from beginning to end.
1. Proposing mediation
As mentioned above, mediation can be done on a voluntary basis (one or more parties suggest mediation) or on a judicial basis (a judge or one of the parties suggests it).
Either way, one party can suggest mediation as a way to resolve the conflict at hand. If the other agrees, hoera! It’s time to work things out.
2. Selecting a mediator
Once the parties have agreed to resolve their issues through mediation, they also have to decide and agree on a mediator that suits their conflict.
The participants have to be completely confident in their choice of mediator. One way to ensure this is by seeking out recommendations from legal firms or private organisations that train and employ mediators.
GMW Lawyers offer mediators who cover the many issues that an international in the Netherlands may face. Get in contact with them if you’re looking for help with company, employment, family, liability and property law — they’ll guide you through the process, all in English. 💪
3. Gathering information
Then, the chosen mediator will explain the mediation procedure to the parties and help everyone collect information about the situation.
This information allows the mediator to get an understanding of each party’s position and interests in the conflict.
Equipped with this information, the mediator should then be able to summarise the exact problems to be solved between the parties.
4. Determining needs and interests
At this point, we get to the important part. The mediator helps establish what exactly each party needs (and may be interested in) from the negotiation.
5. Negotiating and exploring options
Finally, the mediator discusses possible solutions and helps both parties determine the best possible outcome for their needs and interests.
6. Signing the dotted line
When the parties agree on a solution with the help of a mediator, the terms of the agreement are written down and signed.
Of course, it’s also possible that the mediation only leads to a partial agreement or no agreement at all, depending on how the all-important negotiation step goes.
However, it’s worth noting that in most cases, mediation proceedings end in a solution for all.
🤔 Is mediation legally binding?
Generally, the agreements reached through mediation are not legally binding unless both parties agree to formalise them. If the mediation results in an agreement, it can be written into a contract, which can then be submitted to a court for validation.
What’s the cost of mediation in the Netherlands?
As with any legal issue, the cost of mediation in the Netherlands can vary depending on the mediator’s experience, the complexity of the case, and the duration of the process.
On average, mediators in the Netherlands charge around €150 per hour, and this cost is often shared equally by both parties.
While mediation itself is cost-effective compared to litigation, parties may also choose to involve lawyers, which will add to the overall cost. However, the good news is that, even with legal representation, the cost of mediation is often still much lower than going to court.
Don’t be afraid to search for alternatives to the big, scary courtroom. In the Netherlands, mediation is a great and common option if you’re looking for a hassle-free, affordable, and civil way to solve disputes.
Would you use a mediator to solve a dispute? Tell us your thoughts in the comments below!
