Mediation

Most people who are involved in a relational conflict, prefer to resolve this quickly and without any strong emotions. This can be achieved through mediation. In this method the judge, arbiter or binding advisor are not the ones who determine what happens, but the parties themselves find a solution. Adherence to agreements reached in this manner proves to be stronger than to judicial decisions, which often need to be enforced. A growing number of judges refer parties to a mediator as a first step.

 

Advantages of mediation:

 

  • reduction of costs;
  • mature and future-oriented solution of the conflict;
  • faster and fairer (the interests of both parties are simultaneously on the table);
  • direct communication;
  • tailored to the situation and parties;
  • the conflict is kept out of the legal realm;
  • preservation of the parental relationship.

 

Collaborative divorce

 

Sometimes mediation is not possible. This is especially the case when there is a lack of balance between the partners involved, e.g. in knowledge, emotions or power. In this case, a collaborative divorce is an alternative. This conflict-solving method has several characteristics of both mediation and litigation and is a good option when you wish to avoid a legal battle.

 

Characteristics of a collaborative divorce:

 

  • the parties and their lawyers are at the table together, usually in the presence of a coach
  • an open and transparent trajectory
  • the lawyers ensure that the collaborative divorce is settled in a way which is fair and constructive to both partners
  • the lawyers are involved in guiding the negotiations.

 

Membership of specialist associations:

Vereniging van Familierecht Advocaten en Scheidingsmediators (vFAS, www.verenigingfas.nl)

Nederlands Mediation Instituut (NMI, www.nmi-mediation.nl

Mediation Federatie Nederland (MFN, www.mediatorsfederatienederland.nl)

 

Contact person: Annemarie Braun