Mediation

Mediation is a confidential process in which a neutral mediator helps you and the other party reach your own agreement, without a judge deciding for you. We support mediation in divorces and in business and employment disputes, for individuals and companies in the Netherlands and abroad. The first step is a free introductory meeting in which we assess whether mediation suits your dispute.

Clients rate Law & More 9.6 out of 10 on Klantenvertellen, the Dutch review platform (81 reviews, as of October 2026).

What can we help you with?

• mediation in a divorce or the end of a registered partnership;
• agreements on children, the parenting plan and child support;
• disputes between shareholders, business partners or companies;
• employment conflicts, for example after long-term sick leave or a breakdown in trust;
• reviewing an agreement reached in mediation before you sign it;
• making a mediation agreement enforceable;
• choosing between mediation, arbitration and court proceedings.

How does mediation work?

Mediation starts with a mediation agreement in which both parties commit to confidentiality and voluntary participation. The mediator then guides a series of joint meetings until you reach a settlement or decide to stop.

A typical mediation runs through four stages:

1. Intake: the mediator explains the process and both parties sign the mediation agreement.
2. Exploration: each party explains the dispute and, more importantly, its underlying interests.
3. Negotiation: you develop and test options, with input from advisers where needed.
4. Settlement: the mediator records the outcome, which you sign as a settlement agreement.

Many mediations need several meetings of one and a half to two hours, spread over a few weeks. Each party can end the mediation at any time. What is said during mediation generally cannot be used later in court, because the mediation agreement says so.

Who is the mediator?

Law & More can guide the mediation itself, or advise you as your own lawyer while another mediator leads the process. Many mediators in the Netherlands are listed in the register of the Mediatorsfederatie Nederland (MfN). Note that a lawyer who acted as mediator may not afterwards represent one of the parties in the same matter.

When is mediation suitable, and when is it not?

Mediation suits parties who want to keep control over the outcome and who will still have to deal with each other. It is less suitable when one party refuses to engage, when there is a large imbalance of power, or when you need a quick binding ruling.

Mediation often works well in these situations:

• divorcing parents who will need to cooperate for years;
• business partners who want to continue or end their cooperation quietly;
• employers and employees who want to resolve a conflict without a dismissal procedure.

Court proceedings or a preliminary relief judge (kort geding) are better when you need urgent measures, such as an attachment or an order to stop. Arbitration fits when you want a binding decision from an expert outside the state courts. Read more in why and when to choose arbitration and the cost of alternative dispute resolution.

Courts can also refer parties to mediation during proceedings. Most district courts have a mediation officer (mediationfunctionaris) who can arrange this.

How does mediation work in a divorce?

In divorce mediation, you agree with your spouse on all consequences of the divorce, guided by the mediator. A lawyer then files a joint petition with the district court, with your agreements attached.

The outcome is usually a divorce agreement and, if you have minor children, a parenting plan. The parenting plan is required by Article 815 of the Dutch Code of Civil Procedure. If the mediator is also a lawyer, that lawyer can usually file the joint petition. Otherwise, a separate lawyer files it. See also divorce through mediation and how to settle a divorce amicably.

Have each draft checked against your own interests before you sign, for example on pensions and the family home. Mistakes in a signed agreement are hard to correct later.

What is the legal status of a settlement agreement?

An agreement reached in mediation is usually recorded as a settlement agreement (vaststellingsovereenkomst) under Article 7:900 of the Dutch Civil Code. It binds both parties, but it is not directly enforceable like a judgment.

A settlement agreement fixes your legal relationship and can only be challenged on limited grounds. You can read Book 7 of the Civil Code on wetten.overheid.nl (in Dutch). To make it enforceable, you can have it laid down in a notarial deed. You can also have the court incorporate it in a decision, as happens with a divorce agreement.

In business disputes, keep an eye on limitation periods. Mediation does not automatically stop a limitation period from running. A written notice interrupting the limitation period (stuiting) under Article 3:317 of the Dutch Civil Code protects your claim.

For employment disputes, the agreement is often a settlement agreement ending the employment contract. Read more in mediation in labour disputes.

How does working with Law & More work?

1. Introductory meeting: free of charge. We discuss the dispute and whether mediation is a realistic route.
2. Advice and cost estimate: we explain the options, the role we take and the expected costs.
3. Approach and negotiation: we guide or support the mediation sessions and review every draft agreement.
4. Procedure or completion: we finalise the settlement agreement and, where needed, file a joint petition or make the agreement enforceable.

What does mediation cost?

We work on an hourly rate that we agree with you in advance. The rate for a lawyer is 250 to 350 euros excluding VAT, and for a partner 300 to 400 euros excluding VAT.

In mediation, the parties often share the mediator's costs, usually in equal parts. The introductory meeting is free of charge. A one-off advice meeting without further assistance costs 300 euros including VAT. External costs, such as the court fee (griffierecht) for a joint divorce petition, are charged separately. Subsidised mediation exists through the Legal Aid Board (Raad voor Rechtsbijstand), but we do not work on that basis.

Who handles your case?

Divorce and family mediation is handled by our family law lawyers Aylin Acar, Michelle Marjanovic and Jade Vaneerdewegh. For a business or other dispute, your case is handled by one of our lawyers; you will hear who in the introductory meeting. See our team page.

Frequently asked questions

Is mediation in the Netherlands binding?

The process itself is voluntary, and each party can stop at any time. The final agreement, however, is binding once you both sign it. It is usually a settlement agreement under Article 7:900 of the Dutch Civil Code. To enforce it like a judgment, you need a notarial deed or a court decision.

Is mediation confidential?

Yes. In the mediation agreement, the parties and the mediator agree that what is discussed remains confidential. As a result, documents and statements from the mediation generally cannot be used in later court proceedings. Agree beforehand what happens to information you share.

Can we use mediation for a divorce without lawyers?

You can reach all agreements through mediation. However, the divorce petition can only be filed with the district court by a lawyer. If your mediator is also a lawyer, that lawyer can usually file the joint petition. Otherwise, you need a separate lawyer for that step.

How long does mediation take?

Many mediations take several meetings of one and a half to two hours, spread over a few weeks. Complex divorces or business disputes can take longer. The pace depends largely on how quickly you collect information and reach decisions between sessions.

What if mediation fails?

Then you can still go to court or, if agreed, to arbitration. Because of confidentiality, what was said in mediation generally stays out of those proceedings. Partial agreements can sometimes be recorded, which narrows down the dispute for the judge.

Does mediation stop the limitation period?

Not automatically. If your claim is close to becoming time-barred, send a written notice interrupting the limitation period under Article 3:317 of the Dutch Civil Code. This keeps your claim alive while you negotiate. In general, a contractual claim becomes time-barred after five years.

In doubt about your position? Tell us about your situation. We will let you know within one working day what your options are. Use our contact form, call +31 40 369 06 80 or e-mail info@lawandmore.nl.

Law & More, Marconilaan 13, 5612 HM Eindhoven (+31 40 369 06 80) and visiting location Pietersbergweg 291, 1105 BM Amsterdam (+31 20 369 71 21). Available Monday to Friday 08:00-22:00, Saturday and Sunday 09:00-17:00.

This page provides general information and does not replace advice on your specific situation.