How does mediation work in the Netherlands?

Dutch term: Mediation | Legal basis: No specific statute (encouraged by courts)

Mediation in the Netherlands is a voluntary, non-binding dispute resolution process facilitated by a neutral mediator. There is no specific statute governing mediation in the Netherlands, but Dutch courts actively encourage parties to attempt mediation before or during civil proceedings, and judges may refer cases to mediators.

The mediation process is confidential. If the parties reach agreement, the settlement is formalised in a settlement agreement (vaststellingsovereenkomst) that is binding under article 7:900 BW. If mediation fails, either party can proceed to court or arbitration. The mediator's notes and communications are protected by confidentiality and cannot be used as evidence in subsequent proceedings.

Why it matters for international businesses

For commercial disputes where preserving the business relationship matters, mediation often produces a workable resolution faster and more cheaply than litigation. Approximately 70% of commercial mediations in the Netherlands result in settlement.