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Internationaal

Referral to mediation by the judiciary
In the Netherlands, each appeal court and district court can refer parties to mediation. All sectors take part, with the exception of the criminal sector and the immigration law chamber.

Manner of referral
Referral can take place both prior to a hearing (i.e. in writing) and during a hearing. The parties themselves may also request mediation.
If parties need assistance in deciding whether to choose for mediation, they can do the self-test.

Costs
The first 2.5 hours with the mediator have been free of charge. Thereafter the parties jointly bear the fee of the mediator.

Monitoring system
A system is in place to monitor all referrals and the outcome of all court-referred mediations.

Mediators
The quality criteria for mediators have been adopted in consultation between the Netherlands Mediation Institute (NMI), the Council for the Judiciary and the Legal Aid Boards. The mediator must be NMI-certified, have demonstrable mediation experience and possess, among other things, proven legal skills.

More information on court-connected mediation in the Netherlands

EU-directive on mediation in civil and commercial matters
This EU-directive applies to certain aspects of mediation in cross-border disputes. Among other things, there are articles on the mediation proposal by courts, the voluntariness and confidentiality of mediation, and the enforceability of agreements resulting from mediation.
The directive shall be into force after enactment by the European Parliament.

For more information, please contact:
Netherlands court-connected mediation agency
P.O. box 9030
6800 EM Arnhem
The Netherlands
T  +31 (0) 26 359 28 05
F  +31 (0) 26 359 23 20
mediation@hetnet.nl

 



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