Starting Mediation
Mediators are usually called in by one of the parties. A third party such as employer, health and safety service, family or friends can also call in a mediator. The first step is inviting you to have a conversation in which you receive all the information you need. Both the intake and the mediation itself always take place in neutral territory. This might be at the offices of Mediation Visie in Enschede or Amsterdam, or at another location, such as an external meeting room or a location in rural surroundings.
In order to remain impartial, the mediators want to receive as little substantive information as possible beforehand. Once you have assessed together whether mediation is the right way forward, the flexible and informal mediation process can begin.
Mediation agreement
At the beginning of the mediation process, the parties and the mediator will draw up a mediation agreement in accordance with the MfN Mediation Regulations. In this agreement, the tasks and obligations of all parties involved are set out. Important points in this agreement are:
Commitment to effort
The parties and the mediator undertake to make every effort to have the mediation reach a successful conclusion.
Voluntary basis
All parties always take part in the mediation voluntarily. Each of the parties can terminate the mediation at any given time.
Confidentiality
The parties and the MfN mediator agree to being obligated to confidentiality. This will guarantee a free and frank discussion between the parties, and prevent any (solicited or unsolicited) outside interference from taking place.
Agreement
The mediation ends with an agreement. The result of the mediation will be set down in writing. In so doing, the points you have agreed upon become legally binding and you can both/all be entitled to rights pursuant to the agreement.
Costs
As a rule, mediation is a fast way to resolve a conflict. Depending on the nature of the issue and even more so, on how motivated the parties are, an average mediation takes six to ten hours divided over several of meetings of roughly two hours. The costs of mediation at Mediation Visie are calculated on the basis of an hourly rate. The rate for divorce and family mediation is € 175.00* per hour. It is customary for parties to share the costs together. Of course you are free to make other arrangements about the division of costs. If it is preferable to have the mediation meetings take place at another location than the offices of Mediation Visie, then the location costs and travel expenses will be charged to the parties as well.
*Subsidized legal aid
If you meet the income and capital standard, you may be eligible for subsidised legal aid. The mediator will apply for this aid on your behalf. Information can be found on the website of the Legal Aid Board (‘Raad voor Rechtsbijstand’). The rate for business mediations depends on the nature, urgency and time of the mediation.