Mediation

Mediation is increasingly used to resolve disputes. In many cases voluntarily, based on a provision in a concluded agreement or otherwise. But increasingly also more or less compulsory because the court stipulates that mediation must first be used to try to resolve a dispute.

Mediation is very different from binding advice or arbitration. In mediation, the parties themselves decide the outcome. Barring any obligation to try to resolve the dispute through mediation, mediation is voluntary and participation in mediation can be terminated when a party no longer feels up to it. The basic principle is that what is discussed at the mediation table is confidential. Parties should feel free to talk openly.

The mediation process is composed of several phases. This structure is not arbitrary but is based on findings from research into how people deal with conflicts and how to resolve disputes as effectively as possible. Involvement of the parties is central; the mediator is neutral.

Mediation contract

A mediator does not need to be a lawyer to supervise the mediation process. But that is highly recommended. The end of a mediation is always formed by drawing up a settlement agreement, which lays down the solutions and agreements supported by both parties. If that settlement agreement is not drawn up by a good lawyer, you often see that ambiguities and disputes about that agreement arise afterwards anyway.

Finally, the advantage of a notary as mediator is that he or she can record everything in a notarial deed. If one of the two parties then does not do what he was supposed to do, for example does not pay the alimony, the other can seize the property without the intervention of a judge.

Resolving without arguing

The added value of mediation

• mutual information and establishment of facts are faster
• the agreement can include all kinds of alternatives and intermediate forms that are not possible through court proceedings;
• the likelihood of amendment procedures can be virtually eliminated. In general, an agreement is more closely accepted, confirmed and implemented by both parties than a court judgment;
• the emotional and business settlements take place in parallel;
• confrontation usually increases the sense of reality;
• divorce mediation allows children to be adequately involved in the divorce and their reactions can be taken into account;
• mediation can be cost-saving. Moreover, lengthy proceedings can be avoided;
• after mediation, parties can usually still deal with each other normally, which works very positively when common interests remain.

For more information on mediation, please contact us. We will be happy to advise you.