Europäisches Justizportal - Mediation in den Mitgliedstaaten

Mediation in EU countries

Niederlande

Mediation, accompanied by an independent mediator, brings many benefits to the conflict. In many cases, mediation is necessary for a short period of time. This can prevent long-lasting and costly pathways. And it helps to maintain the relationship between the parties The parties will jointly seek a solution.

Who should I contact?

There are various registers of mediators in the Netherlands. The Mediatorsfederatie Nederland (MfN) has traditionally been an organisation which provides for a register (the former NMI register). In addition to MfN, there are other organisations that maintain a register for mediators. The ADR International Register is an example of this.

The Legal Aid Board also keeps a register. Registration is mandatory for mediators carrying out cases on the basis of the Legal Aid Act (including an addition mediation).

In what areas is mediation admissible and/or most common?

Mediation is always allowed and is most frequently used in civil law and public law. In addition, mediation in criminal proceedings is possible if a number of conditions are met.

Are there specific rules to follow?

Recourse to mediation is entirely voluntary. A mediation agreement may be drawn up. Such an agreement includes agreements on, for example, confidentiality and costs.

Mediators registered in a quality register must comply with the rules (in force) laid down by the relevant register. In many cases, a complaint mechanism is provided for.

Information and training

In order to be included in a quality register, mediators must meet predefined requirements. Those requirements may include recognised basic training in mediation, the passing of a theoretical knowledge examination, an assessment centre and the provision of a Declaration of Conduct (VOG).

In addition, additional requirements may be imposed after registration in order to be able to remain registered, such as a minimum number of mediation cases per year, training or courses, participation in intervision or participation in a peer review where an independent and impartial peer evaluates whether the mediation services meet the average level that can be expected of a professional.

What is the cost of mediation?

Different mediators may charge different hourly rates. Mediators’ rates are influenced by such factors as their experience, professional background and area of specialisation. It is therefore wise to ask mediators, before mediation begins, what their hourly rate is and what additional costs may be involved. Mediators must always specify their costs. The cost of mediation also depends on the duration of the mediation process and the number of times the mediator is consulted. On average, a mediator costs EUR 150 per hour (excluding VAT). If the court refers to a mediator, the paying party may claim a start-up contribution of EUR 150 for the first 2.5 hours of mediation.

If you cannot afford to pay for a mediator, you may be eligible for legal aid if you meet certain criteria. If you are entitled to subsidised legal aid, you will only pay the ‘own contribution’. The amount of the own contribution depends on your income and wealth.

Click here for more information about the cost of mediation.

Is it possible to enforce an agreement resulting from mediation?

A settlement agreement concluded between the parties may, at their request, be recorded in a notarial act, which allows it to be enforced in the Netherlands on the basis of Article 430 (1) of the Code of Civil Procedure.