Mediation

What is mediation?

Mediation is solving your conflict under supervision. As long as there is a willingness on both sides to listen to each other and to negotiate a solution, mediation has a chance of success. The chance of a sustainable agreement and a reasonable understanding is therefore greater after a successful mediation than with a court case.

Start of the mediation

A mediation can start in several ways. You can decide to use a mediator together with the person with whom you have a conflict. You can also first contact us on your own, after which we approach the other party.
During an initial meeting with the parties, it is determined whether the parties are actually willing to listen to each other and to cooperate in achieving a solution that is acceptable to the both of them. Only then does it make sense to start a mediation.

Together in conversation

Subsequently, the joint discussions take place under the leadership of the mediator. 1.5 to 2 hours are allocated for each meeting. Experience shows that on average 3 to 4 meetings are needed to reach a solution. Afterwards the agreements can be recorded in writing.

Role of the mediator

The mediator only supervises the process, parties are responsible for the realization of the agreements and its content. If there is a sincere willingness on the part of both parties to resolve the dispute with each other, then reaching a solution under the guidance of a mediator appears to be possible in most cases.
As a mediator, we will always make maximum efforts to achieve that result.

Agreement

The mediation always begins with the signing of the mediation agreement. The MfN regulations and the F.M.C. regulations apply to each mediation. The  MfN register-mediators and the accredited F.M.C. mediators are bound by the Code of Conduct and the Disciplinary Court.

Arbitration

An arbitration or appointing a binding advisor is custom work: procedures, step-by-step plan, costs, current law, etc. are unique for each case. For further information or a no-obligation conversation, please contact Edwin Boessenkool.

Negotiation

A negotiation consists of 5 phases: the preparation, the discussion, proposals, the negotiation and the completion.

Preparation

The goal of the preparation is being well-prepared, know what you want, the intended result, the minimum result and the assessment of the position and the interests of the parties.

Discussion

In this phase the positions are taken. Explain, listen, argue and respond to each other.

Propose

In this phase you will search together for possibilities of agreement: interest agreements, criteria, ideas and concessions.

Negotiation

Here you search with all parties involved for possible scenarios and concrete proposals and counter-proposals.

Rounding

In this final phase, it must be carefully checked whether everyone is on the same level of understanding, also in terms of interpretation of the agreements. The carefully formulated agreements should preferably be put down in writing. ‘