What is mediation in personal injury cases?
Mediation offers a voluntary alternative to judicial adversarial proceedings, as regulated under Article 7:909 of the Dutch Civil Code (Burgerlijk Wetboek, BW). Parties engage in discussions under neutral guidance, with confidentiality as a core principle (Article 7:916 BW).
Advantages and Disadvantages
Faster and more cost-effective than court proceedings; 70% success rate. You retain control over the outcome. Mandatory in some sectors via Disputes Committees (Geschillencommissies).
- Full opportunity to be heard in a safe setting
- Agreement is binding as a settlement agreement (vaststellingsovereenkomst)
- No appeal possible, but reopening of proceedings is an option
Ideal for complex claims involving emotional aspects. Choose an MfN-registered mediator for quality assurance.
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