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Mediation

The two parties involved solving their conflicts collectively and individually responsible assisted by an independent neutral third party, the mediator.

Mediation is a specific way of assisted conflict and dispute resolution. The objective of mediation usually is: bringing an end to the dispute while preserving the relationship. Skillfully assisted by an independent and impartial mediator, clients will seek for a creative, mutually satisfying solution. It is important that everyone’s interests are respected.

You will take care of the contents of the discussion in expressing desires, wishes, emotions, facts, arguments, proposition and counter propositions. Your conversation is accompanied in such a way that both parties meet agreement. The mediator doesn’t contribute to the content nor expresses a judgment. However, she will take care that the proposed solution(s) is/are checked on feasibility.

The mediator is someone having the knowledge and skills to carry the process to a mutually satisfying end. She may lead and accompany the negotiations and get parties moving when in a stalled conflict.

In which situation mediation is an option to be considered? (please see www.mediationnaastrechtspraak.nl)

In principle all major and minor conflicts are open to mediation. It doesn’t matter whether it is about conflicts related to dividing the marital wealth, succession law issues, child’s custody, labor conflicts, etc. If it is not the kind of conflict that determines the success of mediation, what does?

  • Quick solution
    The mediation is done within some months, sometimes even within weeks or a single conversation of a few hours.
  • Controlling everything by yourselves
    This is one of the core elements of mediation. Neither the mediator nor the Court or whoever determines the contents of the agreement: it is the two of you that decides. Together with the other of course, possibly assisted by your respective advocate(s).
  • Tailor made / customized
    A legal procedure focuses on the legal aspects of a conflict. Mediation allows to explore every dimension of a solution to the conflict. Non-legal aspects are considered as well.
  • Restoration and preservation of collaboration
    During mediation each one of you is given the opportunity to express and discuss whatever. It is hereafter that you will search for a solution. In this way the trust between you and the other may be preserved or restored.