How does settlement work in Dutch civil proceedings?

Dutch term: Schikking | Legal basis: Article 87 Rv

Settlement (schikking) in Dutch civil proceedings is the resolution of a dispute by agreement between the parties, typically formalised in a settlement agreement (vaststellingsovereenkomst). Dutch courts actively encourage settlement and may facilitate it during the case management hearing (comparitie) or through referral to mediation.

A settlement reached during court proceedings can be recorded in a court record (proces-verbaal), which gives it the status of an enforceable title. A settlement outside court is a contract governed by article 7:900 of the Dutch Civil Code and must be enforced through regular means if the other party fails to comply. Most commercial disputes in the Netherlands settle before reaching a final judgment.

Why it matters for international businesses

For international businesses, settling a Dutch dispute on the right terms is usually more cost-effective than pursuing a judgment. Having clear settlement authority and a realistic range before the comparitie hearing is essential.