Mediation in civiele en bestuursrechtelijke zaken (Mediation in Civil and Administrative Cases)

• NCJ Number: 199226
• Author(s): N. J. Baas
• Date Published: May 2002
• Length: 149 pages
• Sale Source: Netherlands Ministry of Justice
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Country: Netherlands

Annotation

An overview of the types of mediation under civil and administrative law both in the Netherlands and abroad is followed by discussions of the way in which cases are referred to mediation, the effectiveness and efficiency of mediation, and the factors that influence or are otherwise related to the effectiveness and efficiency of mediation.

Abstract

In mediation the disputing parties settle their conflicts through efforts to reach an agreement under the supervision of an independent and neutral third party. Differences in various mediation programs include the extent to which the disputing parties are free to refuse to participate, the stage of the conflict and the procedure at the time the case is referred to mediation, and the duration and frequency of mediation sessions. There are also various styles of mediation, such as the facilitating style used in Dutch mediation projects and the evaluative style often used in the United States. In the facilitating style the mediator only acts as process supervisor, and in the evaluative style the mediator is also allowed to state an opinion of the case. There are differences in the referral systems for the various mediation programs; these concern referral criteria, the moment of referral, and the person officially responsible for referral. There is clear evidence that cases referred to mediation more often result in agreement than cases handled in court. This review of mediation concludes that as a form of alternative dispute resolution it is a valuable addition to other forms of settlement of civil law and administrative law cases. Some proposals for the evaluation of the Dutch National Projects in mediation are to provide a clear description of the procedures and what happens in practice; to create uniformity regarding the types of cases handled through mediation; to promote referral to mediation; to compare costs and settlement times for mediated and non-mediated cases; and to conduct further research into the factors related to the effectiveness and efficiency of mediation. 108 references