Mediation Agreement: Is It Binding?
A **mediation agreement** is a written arrangement made by parties during or after a mediation procedure. This agreement regulates how the dispute between the parties has been resolved and may have legal consequences. In rental disputes in The Hague, it is crucial to know whether and when this agreement is binding. In this article, we explain how it works, what rights and obligations you have, and what you need to know about the binding nature of a mediation agreement. For assistance, you can go to the Rechtbank Den Haag at Prins Clauslaan 60 or the Juridisch Loket Den Haag at Lutherse Burgwal 10.
What is a mediation agreement?
A mediation agreement is a **written instrument** in which parties (for example, tenant and landlord) record how they have resolved a dispute through mediation. In The Hague, this is often seen in rental matters. This agreement can take various forms, such as:
- An **agreement** on the resolution of the dispute (for example, a payment arrangement or repairs).
- An **arrangement for further steps** (for example, that no further legal steps will be taken at the Rechtbank Den Haag).
- A **final arrangement** in which the dispute is definitively considered resolved.
Mediation is a **voluntary procedure**, but if parties enter into an agreement, it may have legal consequences. It is therefore essential to understand whether and when this agreement is binding, especially in the The Hague region.
Legal basis: what does the law say?
The binding nature of a mediation agreement is governed by the **Dutch Civil Code (BW)** and the **Mediation Regulations** (laid down in the Mediation Act). Important articles are:
- Article 7:900 BW: This article provides that a mediation agreement is binding if both parties consent to it. The agreement must be clear and unambiguous.
- Article 7:901 BW: This states that a mediation agreement is not binding if it is contrary to the law or public morals.
- Article 7:903 BW: This provision allows a mediation agreement to be recorded in a **notarial deed** or a **simple written agreement**, depending on the nature of the arrangement. In The Hague, you can go to the Rechtbank Den Haag, Prins Clauslaan 60 for this.
In addition, mediation in the Netherlands is **not mandatory**, but parties can choose it voluntarily. With a signed mediation agreement in The Hague, parties are bound by the arrangements made. For free advice: Juridisch Loket Den Haag, Lutherse Burgwal 10.
Practical examples in rental disputes in The Hague
In rental disputes in The Hague, a mediation agreement can take various forms. Some examples:
| Situation | Possible mediation agreement | Binding? |
|---|---|---|
| Tenant pays arrears | Tenant and landlord agree that the tenant will pay the arrears in installments, for example €100 per month for 12 months. | Yes, if both parties consent and the agreement is recorded in writing. |
| Repairs to the property | Landlord and tenant make arrangements about who will carry out repairs and within what timeframe. | Yes, if both parties agree and the arrangement is recorded in writing. |
| Termination of the lease agreement | Parties agree that the lease agreement will be terminated under certain conditions (for example, with a specific notice period). | Yes, provided the arrangement is not contrary to the law (for example, the Rental Supervision Act). Check with Rechtbank Den Haag. |
| No further steps | Parties decide that the dispute is resolved and that neither party will take further legal steps. | Yes, but only if both parties consent. In case of breach, you can go to the Rechtbank Den Haag. |
Rights and obligations under a mediation agreement
If you enter into a mediation agreement in The Hague, you have both rights and obligations. It is important to know these to avoid surprises. For questions: visit the Juridisch Loket Den Haag at Lutherse Burgwal 10 or the Rechtbank Den Haag, Prins Clauslaan 60.