Mediation is a form of dispute resolution that is often used as an alternative to traditional legal procedures, such as court cases or arbitration. Mediators facilitate a dialogue between conflicting parties, with the aim of reaching a mutually agreed solution. Although mediation can be effective in many types of disputes, it is particularly successful when the parties are willing to work together. In situations where one party does not want to cooperate or where there are objections of principle, mediation is generally less effective. This page describes the situation in the Netherlands.
Meaning of mediation
Mediation is a way of resolving disputes through conflict mediation. The parties work on a solution themselves, with the help of an expert. Mediation is about reaching agreement together, but with the help of an independent intermediary. Mediation is not compulsory. All parties must be willing to take part.
Characteristics of mediation
Choosing mediation is always voluntary. It focuses on finding solutions to legal problems, but non-legal aspects can also be included in the solution. Although participation is entirely voluntary, it is not without commitment. The mediation agreement will set out clear tasks and obligations, for example regarding confidentiality and secrecy. A mediation process usually takes less than three months. An MfN-registered mediator must comply with the rules of the Dutch Mediators Federation (Mediatorsfederatie Nederland, MfN), the successor to the former Netherlands Mediation Institute (Nederlands Mediation Instituut, NMI); the MfN register was previously called the NMI register (source: European e-Justice Portal). Mediation will always have the following characteristics:
- Neutrality: the mediator is neutral towards all parties.
- Self-determination: freedom of contract is relied on to reach a legally binding solution.
- Voluntariness: no one can be forced into mediation; the parties take part voluntarily.
- Confidentiality: what the parties discuss with each other is and remains confidential. All new information that is not yet known and is present in a file remains confidential.
Difference between a mediator and a lawyer
A mediator is an independent third party who helps the parties when they have a disagreement. A mediator enters into conversation with the conflicting parties together. The mediator facilitates the conversations and sometimes also gives legal advice on the feasibility of a solution, but above all remains neutral. The aim of mediation is to make agreements together to resolve a dispute, without the need for a court case. The mediator helps the parties to do this. The mediator must meet certain quality requirements and must, for example, be registered in the MfN register (Mediatorsfederatie Nederland). A mediator must also comply with the code of conduct and the rules of the MfN.
A lawyer, on the other hand, will support one of the conflicting parties and represent the interests of that party only. A lawyer puts the individual interests first and takes the steps needed for this. Sometimes a lawyer may work towards mutual agreement, but if necessary a lawyer will also go to court. A lawyer has a master's degree in law and has completed a traineeship as a lawyer. In addition, a lawyer must be registered on the roll of lawyers (tableau) and belong to the professional body of lawyers.
Difference between a mediator and a judge
Mediation is a good alternative to a court case. A mediator will guide the process between the parties and will not decide or pass judgment. A mediator helps with both the legal aspects and the other aspects of a dispute.
A judge, on the other hand, will decide on the dispute, even if the parties do not reach agreement. The judge mainly rules on the legal aspects of a dispute. Like a mediator, a judge is impartial.
Advantages and disadvantages of mediation
Mediation offers a range of advantages that make it attractive as a method of resolving disputes. First of all, it is often less disruptive and stressful than legal proceedings, which is especially valuable in disputes where the relationship between the parties needs to be preserved. Moreover, it can cost considerably less time and money than taking a case to court, because the process is more flexible and efficient. Mediation also gives the parties the opportunity to come up with creative, tailor-made solutions, instead of imposed legal decisions. The confidentiality of the process can also be an important advantage for many parties.
Still, mediation also has disadvantages. Its success depends heavily on the willingness of all parties to work together and reach an agreement. If one or more parties are not willing to take part constructively, mediation can be ineffective or even counterproductive. Although mediation often leads to a solution, this is not guaranteed. And if no solution is found, it may be necessary to go to court after all, which can lead to extra costs and lost time.
| Criterion | Advantages of mediation | Disadvantages of mediation |
|---|---|---|
| Financial | Often cheaper than a court case | Only cheaper if a solution is actually found |
| Time | Faster than legal proceedings | Can be a waste of time if no solution is reached |
| Relationships | Can preserve existing relationships | Only works if all parties are willing to cooperate |
| Control | Parties have control over the outcome | No guaranteed solution |
| Confidentiality | Confidential process | Unlike court rulings, it is not published |
| Flexibility | Can be adapted to the specific needs of the parties | Can become inefficient if parties cannot agree on the process |
| Tailor-made solutions | Opportunity to come up with creative, unique solutions | Requires openness and creativity from all parties |
Course of a mediation process
Mediation can be an effective means of resolving disputes without the intervention of a court. It offers a safe and confidential environment in which the parties can work together to resolve their disputes. All parties must agree before the mediation process is started.
- Choosing mediation
The first step in traditional mediation is reaching agreement: the parties choose together and voluntarily to appoint a mediator and to resolve the dispute in this way. As soon as all parties agree to start mediation, the process can begin.
- Appointing a mediator
The parties involved jointly choose a neutral mediator. This can be done on the recommendation of a lawyer, but this is certainly not a requirement. The selected mediator is impartial and competent.
- First session with the mediator
The first session with the mediator is usually aimed at understanding the dispute and drawing up some ground rules. During this session, the rules of the mediation, the duty of confidentiality and the purpose of the process are discussed. A mediation agreement is also drawn up and signed.
- Continuation of the mediation sessions
After the first session, several sessions are held to map out the interests and needs of the parties, to develop ideas and solutions and to negotiate a possible agreement. These sessions are confidential. The content may therefore not be shared outside the sessions.
- Concluding the mediation
Various outcomes are possible when the mediation is concluded. Ideally, the parties reach a full agreement that resolves the dispute completely. This agreement is then put in writing and signed by all parties. If only partial agreement has been reached, the agreed points can be recorded and the remaining points can be resolved by other methods. For example, through a court case. If no agreement at all has been reached, a court case can offer a solution.
Course of mediation in a court case
Most court cases can be interrupted to reach a solution together, for example through mediation. The court or (one of) the parties can propose continuing with mediation. If a solution is found, the court case does not need to be continued.
- Proposing mediation
The judge can propose mediation if he or she thinks this is the best way to reach a solution. It is also possible that one of the parties proposes mediation or that the parties decide together to give mediation a chance. If all parties agree to start the mediation process, the court case is suspended.
- Involving the mediation office
If the judge proposes mediation and this proposal is accepted, the mediation office of the district court (rechtbank) or the court of appeal (gerechtshof) will contact the parties. If you propose mediation yourself, you must contact the mediation office of the district court or the court of appeal yourself. The office checks whether all parties want mediation and helps in choosing a qualified mediator.
- First meeting with the mediator
An appointment is scheduled. This appointment usually takes place within two weeks. The first meeting takes about two hours. It is important that the parties prepare well for this first meeting and, for example, note down carefully which interests are at stake and where they are or are not willing to compromise. In the first meeting, the mediator discusses with the parties the mediation rules, the mediation topics, the division of costs, the legal and non-legal interests and the arrangements for the next meeting. A mediation agreement is signed that contains all the arrangements, including those on secrecy and confidentiality.
- Follow-up meetings
The first meeting is always followed by a number of follow-up meetings. Everything discussed during these follow-up meetings is confidential. If proposals or agreements result from the follow-up meetings, the mediator will check whether they are also legally and practically feasible. Lawyers may take part in the follow-up meetings. Each of the parties can choose to end the mediation process in the meantime.
- Concluding the mediation process
There are three possible outcomes. First, the dispute may have been resolved completely. A final agreement (eindovereenkomst or slotovereenkomst) is then drawn up and the court case is ended. It is also possible that only a partial solution has been found. The court case is then continued for the other aspects. If the dispute is not resolved at all, the court case simply resumes where it left off.
Cost of mediation
Mediation is not free. It always costs money. How much it costs differs per mediator and depends, among other things, on how many sessions are needed to reach agreement together. Sometimes a mediator can already estimate well in advance how much the mediation will cost. So ask for an estimate in advance. On average, a mediator costs €150 per hour (excluding VAT). The parties usually each pay half of the mediation costs, but it is also possible to make other arrangements about this.
Cost of mediation during court proceedings
It is possible to choose mediation during court proceedings. The costs are then also around €150 per hour, excluding VAT. In court proceedings, both parties must in any case pay the mediation costs jointly. Moreover, if court fees (griffierecht) have already been paid, you will not get them back.
Since 1 March 2023, parties involved in court proceedings who are not eligible for a traditional mediation legal aid certificate (mediationtoevoeging) can still get a subsidy for mediation. This so-called start contribution for mediation (startbijdrage) amounts to €150 excluding VAT per paying party for the first 2.5 hours. It must, however, be mediation following a referral from the courts. This is intended to encourage the use of mediation during court proceedings.
Subsidised mediation
Anyone with little income and few assets may be eligible for subsidised mediation. You then get a legal aid certificate (toevoeging): the government pays part of the mediator's costs and you pay a personal contribution yourself. How large this personal contribution is depends on your income. The less you earn, the smaller the personal contribution. It is the mediator who arranges the application for subsidised mediation. The Legal Aid Board (Raad voor Rechtsbijstand) then decides whether or not you are eligible for subsidised mediation.
All about subsidised legal aid and mediationMediation and legal expenses insurance
If you have taken out legal expenses insurance, the insurer may pay the costs of mediation. Most legal expenses insurers cover mediation. They of course also know that mediation is generally cheaper than a court case and often produces a good solution. Do take care, because with some legal expenses insurers mediation is only covered after a waiting period has passed. Especially for mediation in a divorce, this waiting period can be considerable.
All about legal expenses insuranceTips for successful mediation
Mediation can be an effective way of resolving disputes, provided it is approached correctly and the parties take a constructive attitude. The success of the mediation process largely depends on the attitude and willingness of the parties involved to reach a solution together. Below you will find some tips to get the most out of the mediation process and increase the chance of a successful solution.
- Enter the process with an open mind
- Be honest and transparent
- Prepare well
- Listen actively and try to understand the other party, even if you do not agree with the other party
- Take the interests of the others into account
- Be patient and take the time needed to reach a solution
- Make use of the mediator and the suggestions he or she offers
- Be open to compromise
- Remain respectful of the other party and his or her opinion
- Take the time to study the agreement
Every mediation process is unique and these tips do not necessarily apply to every situation. In most cases, however, following these tips and guidelines can help improve the effectiveness of the mediation process.
Mediation in different situations
Whether it is a dispute in a business setting, between family members or between neighbours and colleagues, mediation can be an effective way to get the conversation going again and find a solution that works for everyone. Mediation offers the opportunity to resolve disputes without the need for court proceedings. It is a flexible process that can be adapted to the specific circumstances and needs of the parties involved.
Mediation in an ongoing case
Even if a case is already before the court, it is possible to choose mediation. This is then called mediation alongside court proceedings (mediation naast rechtspraak). The mediation can be started at your own request or the court can invite you to do so in writing. The judge can also propose choosing mediation during the hearing. This is possible in civil cases, family law cases, administrative law cases and tax cases. During the mediation, the court proceedings are suspended. If the mediation does not succeed, the proceedings before the court will be continued. Mediation is possible at both the district court and the court of appeal. In immigration cases, mediation is never an option.
Mediation in employment disputes (arbeidsmediation)
Choosing mediation makes sense if the parties have to carry on working together and therefore need to maintain a good relationship. That is why mediation is often used in employment disputes, for example when the employee and the employer disagree. Here, the voluntary nature of mediation can sometimes be called into question. In a situation of sickness absence, for example, there is an obligation to cooperate with reintegration. Refusing to take part in mediation can then be regarded as not cooperating with the reintegration, which can have adverse consequences. Nevertheless, a mediator will always check whether the parties are willing to cooperate with the mediation process.
All about employment law in the Netherlands
Mediation in a divorce
In a divorce, the former partners often disagree about various matters. That makes it difficult to make good arrangements. Mediation can then be very useful. A mediator helps to set aside the emotions, the lack of understanding and the distrust. This allows the former partners to make arrangements in proper consultation about, for example, the children, partner maintenance and child maintenance. This generally leads to a faster solution. Once agreement has been reached, a lawyer can be engaged to have the arrangements ratified by the court.
All about divorce
Mediation in neighbour disputes
In disputes between neighbours, tensions can sometimes take on huge proportions. Mediation can be a useful intervention here. A mediator can help to restore communication between neighbours and look together for a suitable solution. Issues that often come up include noise nuisance, overhanging branches or problems with the boundary fence. Thanks to the joint, solution-oriented approach, the chance increases that the neighbours can live side by side in harmony again afterwards.
All about neighbour law
Mediation in criminal cases
In mediation alongside court proceedings, the court proceedings are in principle suspended. However, this is not the case in a criminal case. The hearing date then remains in place. In criminal cases, mediation is only possible in some cases. Sometimes the mediator has to take specific guidelines or sensitivities into account, for example where there is domestic violence between partners. The complexity of domestic violence between partners creates potential risks that the mediator must take into account. In any event, for mediation in criminal cases, the suspect must acknowledge their mistakes and understand that their actions have consequences.
All about criminal proceedings
Mediation in tax cases
If there is a disagreement with the Dutch Tax and Customs Administration (Belastingdienst), mediation can be chosen. For example, if you disagree with the calculation of the tax or the import duties. There is a disagreement and the parties decide together to resolve it through mediation. If a solution is found through mediation, a settlement agreement (vaststellingsovereenkomst) is drawn up. The settlement agreement sets out the arrangements made with the Tax and Customs Administration. Legal proceedings can still be started on any remaining points. Anyone who thinks mediation could help in a dispute with the Tax and Customs Administration can call the Tax Information Line (BelastingTelefoon). In general, a mediation coordinator will then call you back within 48 hours.
Mediation in education disputes
Disputes at schools, for example between parents and teachers or between pupils, can be resolved through mediation. The mediator helps to resolve disagreements or disputes about matters such as bullying, marks, school policy or the way of teaching. Mediation can help restore communication, create mutual understanding and find a solution that is acceptable to everyone involved.
All about legal problems as a student
Mediation in healthcare disputes
Disputes in healthcare, such as between patients and care providers or between care providers themselves, can be tackled with mediation. They can concern a wide range of issues, from miscommunication to complaints about treatment. A mediator can help restore communication and guide the parties towards a solution that works for everyone. Mediation can also be used in a dispute with an informal carer (mantelzorger).
Mediation in shareholder disputes
Within companies and organisations, disputes can arise between shareholders. These may concern, for example, the business strategy, the distribution of profits or the rights and obligations of the shareholders. Mediation can help to tackle these complex problems constructively, restore dialogue and reach a solution that is acceptable to all shareholders.
Mediation in rental disputes
Rental disputes, such as disagreements about adjusting rents, the maintenance of the property or pets in the rental home, can be a source of tension. Mediation can be a valuable method of reaching a solution in such situations. A mediator can help to restore communication between the tenant and the landlord, provide insight into each other's positions and work towards a good solution.
All about rental disputes and tenancy law
Frequently asked questions about mediation
Many people have not yet taken part in mediation and have questions about it. These range from questions about finding the right mediator to questions about the conditions of the mediation process itself. Below, we have summarised the answers to some frequently asked questions about mediation. This is to help you get a better understanding of what mediation involves and what it can mean for your situation.
Where can I find a mediator?
You are free to choose a mediator yourself. If you are looking for a mediator, it is a good idea to consult the MfN register. In the register, you will find qualified and vetted mediators who can help with a wide range of disputes. For family mediation, you can consult the register of the Dutch Association of Family Mediators (Nederlandse Vereniging van Familiemediators).
Is online mediation an option?
Yes, there are mediators who also work online. For this, there is the Association of Online Mediators in the Netherlands (Vereniging Online Mediators Nederland, VOM), which makes a form of professional online mediation possible. The entire mediation process then takes place in a secure online environment. The advantage of online mediation is that the parties can reach a solution in a safe environment and often in writing, while a skilled registered mediator still provides the necessary support.
When is mediation advisable?
Mediation can be used in a very wide range of disputes. As far as the chances of success are concerned, the attitude of the parties is what matters most. Mediation must always take place voluntarily and only works if the parties are willing to reach a solution and make concessions. If one of the parties does not want to take part in mediation, it is better to start a court case.
What is business mediation?
Business mediation is a method of dispute resolution in which a neutral third party, the mediator, helps to resolve a business dispute. This method is often chosen because it is faster, less formal and cheaper than a court case. It enables the business parties to negotiate collaboratively and find a solution that works for everyone. The result of the business mediation is recorded in a binding agreement.
What is the difference between conciliation (bemiddeling) and mediation?
Both methods involve a neutral third party to help resolve a dispute. In conciliation, this third party, the conciliator (bemiddelaar), is often more involved in finding the solution. The conciliator can make suggestions and give advice. In mediation, the mediator acts more as a facilitator. He or she promotes communication between the parties and helps them reach a solution themselves. The mediator gives hardly any advice or suggestions. If a solution is found, the mediator can, however, check whether it is feasible.
What can I do if I have a complaint about a mediator?
This depends on whether or not the mediator is MfN-registered. If not, you can make your complaint known to the mediator directly and see whether you can resolve it together. If this is not possible, you can go to court. If, on the other hand, the mediator is MfN-registered, you can use the MfN complaints procedure. A complaint can only be submitted once the mediation has ended (source: MfN register, checked on 9 November 2026).