MENU

Mediation and administrative law

If you find yourself caught up in a dispute involving administrative law, i.e. in a dispute with a government body about an environmental permit, for example, this does not necessarily mean that you are obliged to send a letter of objection to a review committee (bezwaarschriftencommissie) or that you must start legal proceedings in a court of law or before the Council of State (Raad van State).

Mediation is often an ideal way of solving such problems, particularly when adopted at an early stage of the process. In fact, there are already many local authorities that favour mediation when faced with a potential objection procedure instigated by a citizen who is not happy with a decision taken by the local council.

Mediator

A mediator is someone who helps you find a solution together with the other party. Unlike a lawyer, a mediator is impartial and does not take a position of his or her own. And unlike a judge, a mediator does not take a decision.

The right choice?

Using mediation implies a willingness to play an active role in finding a solution. In other words, you must be prepared to find a solution together with the party with whom you are in conflict. Opting for mediation means that you can also take account of non-legal aspects, which you can’t do if you go to court. Mediation is an ideal remedy if you wish to have some say over the solution to your dispute, if you wish to reach an amicable settlement or if you are willing to negotiate with the other party. A mediated solution enables you to preserve your relationship – perhaps even a good relationship – with the other party.

Voluntary

One of the main advantages of mediation is that either party, and even the mediator, is free to stop the process at any time and for any reason. Indeed, a reason does not even need to be given.

Cheaper and quicker

A full mediation process usually takes three meetings, which generally makes it cheaper than court proceedings. Mediation even gives you an opportunity to find a single, all-embracing solution for a series of disputes all of which are already the subject of separate court proceedings, thus saving you a great deal of time and money

Is mediation an option?

Disputes can arise anywhere, at any time. Our aim is to solve them for you and, where possible, to prevent them from occurring in the first place. So if you are interested in finding out whether a dispute can be resolved by mediation, or if you have any other queries, please get in touch with one of our registered mediators.

© 2021 RWV