Resolving conflicts with clear and lasting agreements
Mediation
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What is Mediation?
Mediation is a form of conflict mediation in which two or more parties work together to find a solution to a conflict. Often parties want to solve the problem, but are no longer able to work it out together. In some cases, a move to court is then considered. In such situations, mediation offers a valuable alternative to legal proceedings.
During mediation, you work together with the other party or parties to find a solution, under the guidance of a mediator. The mediator is a neutral and independent professional who guides the conversation and helps to reach mutual understanding and a joint solution. When the agreements reached are laid down in a settlement agreement, this can count as substitute justice.
Even when a court case is already pending, mediation can be used to resolve all or part of the conflict. This can lead to a quicker and more sustainable solution, with parties remaining in control. The judge is not part of the mediation process.
To ensure the quality of mediation, there are several organisations with quality registers for mediators. Affiliated mediators meet strict requirements and adhere to professional standards of conduct. Ref Lips is a member of the ADR International Register.
Cooperation between notary and law firms throughout the Netherlands
Ref Lips works with notary and law firms throughout the Netherlands. This allows the agreements made at the end of the mediation to be legally recorded so that the agreements count as alternative jurisdiction. This means that if one of the parties does not comply with the agreements made, the judge can act directly in summary proceedings to intervene. This gives a familiar feeling and you do not have to worry that 1 of the parties will not keep the agreements.
Mediation help with conflict coach
Have you been offered a mediation process by the employer or the court? Has a mediator been suggested but you need additional help to position yourself at a mediation to get the best possible outcome for yourself? If so, Ref Lips can engage as a certified conflict coach to assist you. Since she is also a registered mediator, she has knowledge of the entire process of mediation and can assist you to discuss the conflict together and articulate expectations. This way, you will never feel that you did not get the best out of the mediation afterwards. Often, 1 conflict coaching session is enough to articulate your objective and prepare you well for mediation. This will save you a lot of frustration and money.
In addition to being a mediator and conflict coach, Ref Lips is also a registered coach with the NOBCO. This means you can also come to her for coaching sessions to gain more insight for yourself in your search for your interests, wishes and position.
This combination makes Ref Lips uniquely qualified to conduct a mediation or conflict resolution to the desired solution and guide you through it
Forms of Mediation
Relationship Mediation
Do you have a conflict within your relationship? Or are you in a divorce? In both cases, mediation can offer a solution.
In cases where the argument has not yet risen that high but an escalation already seems to be coming? Then a conflict coaching session can offer a solution.
Business mediation
Do you have a conflict within your work with your employer, an employee or colleague? Mediation can also provide a solution here.
Has your employer, company doctor or the UWV forced you into mediation but you do not know how to go about it or would like someone to look on? Then opt for coaching or guidance during mediation. Ref Lips is herself a recognised mediator which ensures that you get professional help when entering into mediation.
Not sure how to prepare in a mediation? Again, Ref Lips can coach you through this process.
Family mediation
Do you have a conflict with a family member? Do you have a conflict when dividing the estate? Ref Lips works with reputable notary firms to provide you with the best possible guidance when dividing the estate or estate.
This way, you can end possible conflicts with family with the best feeling.
Legal mediation
Do you need mediation for a legal dispute? Ref Lips works with reputable notary and law firms throughout the Netherlands. It can guide you through this process.
Rates
Mediation
€165 per hour
Conflict mediation
€165 per hour
Conflict coaching
€100 per hour
Coaching in Mediation
€100 per hour
Intake
At the first meeting, which is free of charge, we discuss what your wishes and needs are. There will always be a tailor-made quote that we discuss together so that you will never be faced with unforeseen costs afterwards.
If more sessions prove necessary than anticipated, a price arrangement can be made so that you do not run into unnecessary high costs. Everything is done in consultation.
Grant
Are you eligible for mediation funding? If so, we can discuss this in the first meeting.
NOBCO coach
Ref Lips is a registered NOBCO coach which means that some health insurers reimburse coaching. We can also discuss this together in the first conversation.
Visiting address
Interviews for Mediation and guidance for Mediation take place at different locations depending on the number of parties.
Address:
- Delistraat 14, 2585 XA, The Hague
- Statenplein 19, 2582 EZ, The Hague
- 06 53 55 17 11
- info@lipsccm.nl
- info@reflips.nl
Ref Lips is a member of the ADR, International mediation register, the ICR, International Coaches Register and NOBCO, the Dutch order of professional coaches
What is the difference between a mediator and a judge?
- A mediator guides the conversation. He or she does not decide on agreements the parties want to make with each other. The mediator helps with all parts of a conflict, not just the legal ones.
- A judge decides on a conflict when parties cannot reach agreements themselves. He or she mainly decides on the legal elements of a conflict.
What is the difference between a mediator and a lawyer?
- A mediator is impartial and thus does not take sides. He or she helps all parties reach agreements together.
- A lawyer stands on one side. He or she stands up for the interests of one of the parties. A lawyer can also advise someone on mediation options.
Benefits of mediation in litigation over a dispute
A major advantage of mediation in a conflict is that the parties often find a solution quickly. A mediation process often takes 1 to 3 months. Sometimes the conflict is even resolved within a week.
In addition, there are other reasons for people to choose mediation:
Relationship
During mediation, the parties are given space to talk everything out and find a solution together. This helps to keep the relationship going well or end on a good note (for example, in the case of divorce or dismissal).
Informal atmosphere
A mediation session is more informal than a trial. The parties themselves can choose a mediator with whom they feel comfortable.
Being in control yourself
The parties discuss together what they agree and decide.
Complete solution
The aim of mediation is to find a solution to the entire conflict, with a view to the future. In litigation, the focus is often only on the legal side of it, and usually only on the past.
Broad approach
Several issues can be discussed during mediation. In a divorce, for example, the division of assets and alimony.
Potentially lower costs
Sometimes ongoing court cases can be terminated earlier, which can lead to lower costs.
When does mediation not work well?
Mediation costs time, money and energy. It is therefore important to consider carefully whether mediation has a reasonable chance of success. Mediation is less likely to succeed in the following situations.
- You have tried to resolve the conflict through mediation before and failed.
- You or another party wants a principled and public ruling on a legal point.
- The parties do not really want to listen to each other, empathise and negotiate with each other.
- One of the parties has only agreed to mediation in a court case to create a good impression with the judge (but actually wants to convince the judge that he or she is right).
In these situations, it may be wise to move forward with the lawsuit again.
Frequently asked questions
What exactly is mediation?
Mediation is a form of conflict mediation where a neutral mediator helps reach a solution together. Instead of a judge deciding, the parties make their own agreements that work for everyone.
When is mediation appropriate?
Mediation is suitable for relationship problems, divorces, labour disputes, family disputes and business conflicts, among others. It works especially well when both parties are open to consultation and resolution.
What are the advantages of mediation over litigation?
Mediation is often quicker, more personal and less costly than litigation. In addition, you have a say in the outcome and a solution is sought that works for all parties, with an eye to the future.
What if mediation fails?
If mediation does not lead to a solution, you are free to still take legal action. Everything discussed during mediation remains confidential.
