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When a conflict arises between parties, it is often difficult to find a good solution without the involvement of a third party. Communication stagnates, which leads to the parties being stuck in their own views and ideas about the other. The longer this goes on, the further the parties move away from each other and the conflict can escalate. Going to court then often seems inevitable to break the impasse.

Mediation can offer a solution. Mediation provides a safe environment in which the situation can be discussed openly without the parties being bound by their decisions afterwards. Indeed, a feature of mediation is that the parties can agree in advance to strict confidentiality. Everything that is said between the parties during mediation falls under this confidentiality and cannot later be used in court proceedings.

The mediator, as an objective third party, regulates the communication between the parties and helps, guides or intervenes where necessary. The mediator’s interaction in a safe environment promotes communication and thus understanding between the parties so that they can listen to each other again.

When they better understand each other’s interests, they can work together to find a solution. Since the parties themselves are involved in the outcome of the solution and not a judge or lawyer determines what is (legally) correct, tailor-made solutions can be offered that meet the wishes of both parties. Individual agreements can be reached that are not possible in court proceedings. This usually leads to more sustainable results because they are better suited to the situation of both parties.

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In addition, mediation is often quicker and usually less expensive than court proceedings. If the parties are willing to listen to each other and understand each other’s interests, a solution is usually found quickly. This is usually a matter of weeks, not years, as is often the case with court proceedings.

If you are curious about what mediation could mean for your situation, please contact us without obligation so that we can advise you. Our firm employs two experienced lawyers who specialise in mediation and also have experience in employment law and family law disputes.

The advantages and disadvantages of mediation at a glance:

Mediation does not have long waiting times and complicated procedures.
Mediation has a de-escalating effect
Relations between the parties improve
Each party has an equal influence on the outcome
Tailor-made solutions can be delivered
The solution is accepted by both parties and is more durable
Faster process than court proceedings
Lower costs than court proceedings
Aftercare can be offered
Agreements can be more easily adapted if the situation changes.

Mediation can only be initiated with the consent of both parties
Both parties are expected to make an active and serious contribution
The parties must be willing to find a solution together

mr. Valerie Kerckhoffs

Attorney & Mediator