About mediation
Mediation is a way to resolve a conflict or smooth negotiations under the guidance of an independent expert, the mediator. It can be used quickly and provides clarity fast. This makes it time- and cost-saving compared to legal proceedings. With the solution in your own hands, the chance of compliance with the agreements made will increase. Mediation takes place on a voluntary and confidential basis. How does that work?
The parties in a mediation
Trouble, noise on the line, poor communication, broken trust, failure to keep agreements. These are all things that happen between people. You too can face these setbacks. They need to be resolved, cleared out of the way, so you can move on again. If you and the other(s) choose to engage in mediation then you become "parties" to that mediation.
Structured process
Business mediation and employment mediation are structured processes. We will begin with separate preliminary discussions with me as mediator. In these confidential conversations, the rules of the process are discussed (confidentiality, voluntariness, role of the mediator). We address how communication will take place, what issues are in dispute and your hopes and expectations from the process. The role of lawyers or other advisors is also discussed.
After the preliminary talks, one or more joint mediation meetings follow. There, under my guidance, you will have substantive discussions with each other. These discussions form the core of the mediation.
How does mediation work?
During the mediation talks, we explore the conflict in depth, including legal aspects, and together we examine your interests. Which wishes, concerns, needs and preconditions must be taken into account in finding a solution? What emotions and thoughts still stand in the way? There is room to talk with each other about what went wrong without dwelling on the past, and to understand each other's view of the conflict. Then we map out possible solutions, after which you (and your advisors) can negotiate a solution. You remain in control. If there are multiple issues or multiple parties involved in a conflict, package deals can be made so that a total solution is found for all issues and all parties involved.
If you reach consensus, the arrangements made will be recorded in a binding settlement agreement. Before a settlement agreement is signed, there is always the opportunity to discuss the terms with an attorney or counselor.
Look here for my solution-oriented approach.
Conditions
In carrying out my work as an MfN-registered mediator, care, neutrality and professionalism are paramount. The quality and training requirements of the Mediators Federation of the Netherlands (MfN) are fundamental.
The MfN Mediation Rules and the MfN Code of Conduct apply to every mediation.
How long does a mediation take?
The exact duration of a mediation depends on the nature of the conflict and how many parties are at the table. I strive to complete a mediation within three months. Ongoing proceedings will be suspended during the mediation.
Participation of lawyer or consultant
Attorneys, counsel or other consultants may be involved in mediation as party facilitators. They may add value in conflict resolution through specific substantive knowledge or insights related to their client. By mutual agreement, it can be confirmed that the lawyer of consultant will participate in the mediation meetings, or be available in the background during the mediation.
What does mediation cost?
The cost of mediation is calculated on an hourly basis, at an agreed hourly rate ex VAT.
In advance, I will inform you which activities will be charged and which costs will be passed on, such as travel time and rent for a meeting room outside Naarden.
You share the costs of mediation, unless mutually agreed otherwise. Costs of lawyers, consultants or experts are for you to meet. Agreements on costs will be laid down in the mediation agreement.
Language
The mediations can be conducted in Dutch or English.
Location
Mediation sessions can take place at my office at Binnenhof 62B, 1412 LC in Naarden or at another location in the Netherlands, to be agreed upon. I work throughout the Netherlands.