The Ministry of Security and Justice will host a round table meeting on the legislative proposal with regard to Alternative Dispute Resolution (wetsvoorstel Mediation) on 7 February 2017. The meeting is the final chapter of the internet consultations, allowing for parties to comment on the legislative proposal.
Initiated by (former) Minister of Security and Justice Ard van der Steur - who resigned from office just yesterday, due to matters unrelated to this initiative - the legislative proposal intends to create a legal framework for a concept that has been around for decades: mediation, or alternative dispute resolution (ADR).
Advantages of commercial mediation
Mediation provides pragmatic solutions in a commercial environment in which parties want to resolve their commercial disputes without ruining their commercial relationship and unnecessarily delaying the process by going to court. Besides jeopardizing the commercial relationship, often heard complaints are that regular legal proceedings take too long and are too rigid to offer real practical solutions in a commercial setting. Mediation can offer a solution in such cases. In contrast to regular legal proceedings, mediation allows for a flexible negotiation process and 'out-of-the-box' commercial solutions. Instead of attributing blame and deciding on who is right or wrong, mediation allows for creation of a new commercial and legal balance that enables parties to resolve their differences and continue their commercial relationship.
RICS Dispute Resolution Services
The Royal Institution of Chartered Surveyors (RICS) was one of the parties involved in the internet consultation. RICS Dispute Resolution Services was established 40 years ago and provides global mediation services in the real estate sector.
RICS has recently accredited a group of Dutch RICS members as RICS civil and commercial mediators.