What is a mediation covenant in Den Haag?
A mediation covenant is a written settlement agreement that arises during mediation in Den Haag. In it, partners from the region record their agreements on topics such as division of assets, spousal and child support, and child care. It offers an amicable solution for divorces or family disputes and can serve as the basis for divorce proceedings at the Rechtbank Den Haag. For residents of Den Haag, this is a practical option in family law.
Definition and explanation of the mediation covenant
In family law in Den Haag, mediation helps resolve disputes without immediately going to court. The mediation covenant is the end result: a binding agreement voluntarily drafted by both parties, with a neutral mediator who does not draft it themselves. Unlike a one-sided letter, this is a mutual settlement agreement.
Mediation is gaining popularity in Den Haag due to lower costs, confidentiality, and improved communication between ex-partners. It covers finances, practical matters, and emotions. Example: a couple from Scheveningen divides the apartment to partner A in the covenant and sets €550 monthly child support by B.
Legal basis
The foundation lies in the Dutch Civil Code (DCC) and Code of Civil Procedure (CCP). Relevant provisions:
- DCC Article 7:900-907: Makes the agreement binding upon signature, terminable in cases of misrepresentation or unforeseen circumstances.
- CCP Article 811: Mediators issue a mediation statement upon success, for support.
- DCC Book 1, Article 1:160: In divorce, the covenant can become a divorce settlement, ratified by the Rechtbank Den Haag for enforceability.
For children, the Youth Act and DCC Article 1:251 (parenting plan) apply, with a focus on the child's best interests.
How does a mediation covenant arise in Den Haag?
The process involves these steps:
- Intake: Select an MfN mediator in Den Haag, via the Juridisch Loket Den Haag, and sign the agreement.
- Sessions: Meetings to identify priorities and discuss solutions.
- Drafting the draft: Mediator compiles agreements; partners review and adjust.
- Signing: Sign with optional advice from individual lawyers.
- Homologation (optional): Apply at the Rechtbank Den Haag for enforceability.
In Den Haag, this typically takes 3-6 months, with hourly rates of €100-€200, shared between parties.
Content of a mediation covenant
Standard elements:
- Personal and relationship details.
- Financial arrangements: household goods, gifts, pension division.
- Support via Tremar guidelines.
- Parenting plan: co-parenting, vacation schedules.
- Provisions on confidentiality and modifications.
Den Haag example: Father from a Den Haag neighborhood gets primary responsibility for the children, mother contributes €750 in support. House in the Centrum district is sold, proceeds split 55/45. In case of non-payment: collection via Rechtbank Den Haag.
Rights and obligations under a mediation covenant
Rights:
- Withdraw until signing.
- Seek lawyer's advice (essential).
- Enforcement via Rechtbank Den Haag.
Obligations:
- Comply with agreements, with penalties for breach.
- Act in good faith and fairness (DCC Article 6:248).
- Prioritize the child.
Comparison: mediation covenant versus divorce settlement
| Aspect | Mediation Covenant | Divorce Settlement |
|---|---|---|
| Legal status | Settlement agreement, immediately binding | Ratified by the court (DCC Article 1:160) |
| Enforceable | Via proceedings at Rechtbank Den Haag | Automatically upon judgment |
| Process | With mediator | Via lawyers and court |
| Costs | Cheaper (€2,000-€5,000) | More expensive (€5,000+) |
| Confidentiality | Full | Limited (partly public) |
More on mediation in divorce in Den Haag. See also: divorce settlement and parental authority.
Frequently asked questions
Is a mediation covenant binding in Den Haag?
Yes, as a settlement agreement (DCC 7:900). Enforceable via the Rechtbank Den Haag in case of non-compliance.
Can I modify the covenant?
Yes, in cases of changes such as income loss, via discussion or court (DCC Article 7:902). Child's best interests central.
What if there's non-cooperation?
Mediation ends; proceed to court. The statement shows your effort.
Do I need a lawyer?
Not always, but consult the Juridisch Loket Den Haag for review.
Tips and recommendations for Den Haag
- Select an MfN-certified mediator via mediationfederatie.nl or the Juridisch Loket Den Haag.
- Contact the Gemeente Den Haag for civil registry matters.
- Start early for faster processing at the Rechtbank.