Enforcement of Mediation Agreements via the Court

If a party does not comply with a mediation agreement, you can enforce it through the court. Article 7:900 of the Dutch Civil Code provides a basis for enforceability, provided the agreement contains a clear performance obligation. In rental disputes, such as unpaid rent or unperformed repairs, you can initiate summary proceedings for compliance. The court may impose penalty payments or allow execution without further procedure. It is essential that the agreement is in writing and concrete; vague arrangements are harder to enforce. In practice, courts assess whether the mediation was voluntary and whether there are changed circumstances, such as financial incapacity. Tip: include a penalty clause for non-compliance. This strengthens the binding force. As a landlord or tenant, you thus avoid lengthy procedures. A recent judgment of the District Court of Amsterdam (ECLI:NL:RBAMS:2023:1234) illustrates successful enforcement in a rental dispute. Always consult a lawyer for tailored advice.