Voluntary Mediation in Administrative Law in Den Haag
Voluntary administrative law mediation in Den Haag is an informal method of alternative dispute resolution for conflicts with government authorities, such as the Municipality of Den Haag. Parties work under the guidance of a neutral mediator toward a joint solution. Unlike proceedings at the District Court of Den Haag, this process is fast, cost-effective, and focused on understanding and collaboration.
What does voluntary mediation in administrative law in Den Haag entail?
Administrative law cases concern government decisions, such as the denial of a building permit by the Municipality of Den Haag, termination of a benefit, or an imposed fine. With voluntary administrative law mediation in Den Haag, you can reach an agreement without a judge. It is voluntary: both citizen and government must consent. The mediator facilitates the process neutrally, without binding decisions.
This differs from mandatory stages like the objection hearing. Mediation is possible before filing an objection, during the objection phase, or later, provided both parties agree. It builds on mediation during objections, where the government is required to inform about it.
Legal basis for voluntary mediation in Den Haag
The foundation is the General Administrative Law Act (Awb), specifically Article 7:10a Awb. This requires that upon receipt of an objection, the citizen be informed about mediation. Participation remains voluntary: coercion is prohibited. Article 8:15 Awb governs settlements in appeals at the District Court of Den Haag.
Mediation can also occur outside the Awb, through covenants or the Dutch Mediation Act. The Judiciary, including the District Court of Den Haag, promotes it via the National Consultation on Substantive Administrative Law (LOVIB).
Advantages and disadvantages of mediation in Den Haag
In Den Haag, with its ongoing relationships between citizens and the Municipality of Den Haag, mediation excels. Comparison:
| Mediation | District Court of Den Haag | |
|---|---|---|
| Duration | Weeks to months | 1-3 years |
| Costs | Low (€100-€300/hour, often free via Legal Aid Office Den Haag) | High (court fees + lawyer) |
| Outcome | Joint agreement, win-win | Ruling win-lose |
| Confidentiality | 100% confidential | Public |
| Relationship | Restored or preserved | Strained |
Disadvantages: success not guaranteed (about 70% succeed) and no appeal if it fails.
Steps in a mediation process in Den Haag
Typically, it proceeds as follows:
- Intake: Separate registration with the mediator; suitability check (no violence or power imbalance).
- Screening: Assessment of voluntariness and interests.
- Start-up: Jointly set goals and establish rules (confidentiality, no judgments).
- Sessions: 3-5 meetings of 2-4 hours, joint and private.
- Agreement: If successful, record in a mediation agreement, often enforceable by the District Court of Den Haag.
- Termination: If it fails, proceed with legal proceedings.
Practical examples of administrative law mediation in Den Haag
Example 1: Building permit. The Municipality of Den Haag denies an extension in the Zuiderparkbuurt area. After objection, Article 7:10a Awb offers mediation. Compromise: smaller build with extra landscaping. Time saved: two years of proceedings.
Example 2: UWV benefit in Den Haag. Repayment demand leads to mediation; misunderstanding clarified. UWV corrects and offers arrangement. Future contacts smoother.
Example 3: Environmental permit. Neighborhood dispute over tree felling in a Den Haag district. Voluntary mediation outside proceedings results in agreement and community project.
Rights and obligations in mediation in Den Haag
- Rights:
- Free to participate or withdraw.
- Full confidentiality (Article 7:10a(3) Awb).
- Free assistance via Legal Aid Office Den Haag or legal expenses insurance.
- Obligations:
- Act openly and honestly in good faith.
- Share costs (or otherwise).
- Comply with agreement, otherwise enforceable.
Frequently asked questions
Is mediation in Den Haag mandatory?
No, purely voluntary. The government must inform upon objection (Article 7:10a Awb), but refusal has no adverse consequences.
Can mediation run alongside court proceedings?
Yes, in parallel. Success: withdraw case. Failure: resume proceedings without prejudice.
Who pays the mediator in Den Haag?
Usually shared, but Municipality of Den Haag or UWV sometimes subsidizes. Check legal expenses insurance or Legal Aid Office Den Haag.