When is a mediation agreement null and void or voidable?

A mediation agreement can be null and void or voidable under certain circumstances, for example, in cases of error, fraud, or abuse of circumstances. According to Article 3:33 of the Dutch Civil Code (BW), an agreement is null and void if it is contrary to good morals or the law. In rental disputes, the mediator must remain impartial; a lack of neutrality may lead to annulment under Article 6:228 BW. Parties may also challenge the agreement if there was coercion or incomplete provision of information. Courts strictly examine whether there was true agreement of wills. Practical advice: always check the content for voluntariness and have the agreement notarized for extra certainty. In the rental context, this prevents later disputes about, for example, rent arrears or defects in the property. If a party wishes to annul the agreement, this must be done promptly through the court. Important: nullification renders the agreement invalid from the outset, whereas annulment has retroactive effect. This way, you protect your rights in mediation processes.