Role of the Mediator in Dissolution Proceedings: Avoid the Court
Before filing a dissolution request, mediation is often mandatory or advisable. The Work and Security Act (WWZ) encourages this to avoid proceedings.
When mediation?
In cases of disrupted employment relationships (e-ground) or poor performance, the subdistrict court recommends mediation. UWV requires it for dismissal applications.
Benefits
- Faster and cheaper than court.
- Confidential: not usable in later proceedings.
- Flexible solutions, such as settlement agreement with compensation.
Procedure
Choose an MfN-registered mediator. Parties negotiate under neutral guidance. Success rate: 70%. In case of failure: proceed to subdistrict court with report.
Cost Sharing
Often 50/50, but employer pays in unequal positions. Tax deductible. For employees: via legal expenses insurance. Mediation prevents prolonged uncertainty and preserves goodwill. (199 words)