Mediation

What is mediation?

Mediation is an alternative way of settling disputes. Mediation means that parties themselves try to resolve their conflicts, while counselled by an expert in mediation. Parties come to an agreement themselves, without a third party like a judge or arbitrator having to make decisions.

Mediation is practiced for conflicts in the fields of family law, labour law and cases of personal injury, among other things. Krans & van Hilten law firm offer you services in all these fields.

Divorce mediation

For separations and divorces, mediation, or divorce mediation, is a good method to make arrangements together with regard to the consequences of a divorce. This occurs under the guidance of a mediator who is then normally called a lawyer/mediator. Though you say farewell to each other as partners, when there are children involved, you will both remain their parents. The mediator counsels you as a neutral, but concerned, expert third party. He or she will supply you with the necessary information to enable you to make decisions yourself. During the mediation procedure, the mediator will not only counsel you in the legal field, but also in relationship and emotional matters. Over a number of conversations, you work together, counselled by the mediator, to find arrangements for all consequences of the divorce. This arrangement will be laid down in writing in a so-called voluntary divorce agreement. In cases with children, the agreement will also include a parental plan.

Many lawyers of the Krans & van Hilten family law practice group are also mediators or divorce mediators. Our firm has a lot of knowledge and experience in this field. Also, in the case of mediation, the mediator needs to have thorough knowledge of the legal side of the case. As a party in the mediation, you are only able to make proper arrangements when you know what the case is all about. The mediator provides all necessary information to you so that you know within which margins solutions should be sought. The mediator actively guides the procedure and makes sure that reasonable arrangements are made, that will still be acceptable in the long run. As an expert, Krans & van Hilten’s mediator will oversee the entire procedure, and that is much more than just the legal procedure. If necessary the mediator will call in other experts, like a financial advisor or a psychologist. The mediator will see to it that the balance between your knowledge and skills remains equal. And if that balance is in danger of being disturbed, the mediator will remedy this by seeing to it that both parties obtain expert advice during mediation, for instance by means of a lawyer of their own.

Mediation in business disputes

Krans & van Hilten law firm also offers mediation in the field of labour law and personal injury claims. E.M. (Emma) Kostense LL.M. is very experienced in these legal areas. As a specialised lawyer, she is perfectly equipped to act as a mediator and to facilitate parties in finding a solution for their dispute. In cases of personal injury claims, this often relates to disputes which are completely blocked. As a rule, the advisors of both parties in cases of labour law and personally injury claims participate in the mediation.

Way of working

A successful mediation starts with the client. Both parties should have the intention to find a solution. The voluntary aspect is an important cornerstone of the mediation just as confidentiality and secrecy are. Everything discussed during mediation will remain confidential. Not only the two parties, but also the mediator and the advisors involved in the mediation, undertake to observe secrecy. In the end, the arrangements are laid down in a written agreement, with which parties are obligated to comply. In the case of a divorce, the agreement (divorce agreement) will, as a rule, be submitted to the judge, who is then able to handle the procedure in writing and on request, will include the agreement in the divorce decree. In that case, parties do not need to appear in court and escalation of conflicts is avoided as much as possible.

Advantages of mediation

The most important advantage of mediation is that you and your partner will not be opposing parties but that you will try to find solutions together. Mediation focuses on the future and makes sure that you will be able to continue your own life, and your life with each other, albeit in a different role than the one in the past. The solutions found as a result of mediation will suit you, because you made the arrangements yourselves after consultations with each other and guided by experts. The mediation route is also often faster than a legal procedure because the courts, especially in the Randstad conurbation, have large backlogs. Costs are generally far lower. You will be able to solve all the issues you are confronted with in a good environment and you are not bound to the much stricter procedural rules of litigation.

Lawyers

Emma Kostense
Edith van Ruitenbeek-de Bekker
Laura Leunissen
Eveline Asselbergs
Cynthia de Nijs
Pauline Burger
Machteld Verboom