Mediation
Mediation is a process in which parties who are in a dispute call in the help of an unbiased expert, an intermediary, with the view of obtaining an end result which is satisfactory to all parties involved. Basically, all types of dispute are suitable for mediation. These could consist of conflicts between companies, a family quarrel, a labour dispute or a conflict between a civilian and an organization.
Mediation creates the opportunity for parties involved to end conflicts while negotiating in stead of having it settled in court. Mediation will be called upon more and more on the Netherlands Antilles and Aruba, as the judiciary is getting more and more bogged down. Mediation has been explicitly incorporated in the latest codification of the Civil Procedural Law for the Netherlands Antilles and Aruba, as of August 1, 2005. This implies that in whatever proceedings the judge can order both parties in question to at least first consult a mediator for the solution of the pending dispute.
Big advantages of mediation is that the costs are considerably lower and the solutions are frequently more satisfactory than in legal proceedings. Court proceedings can indeed even create the opposite effect and exacerbate the conflict. Obviously, this is not conducive to an effective settlement of any dispute.
In the large majority of cases parties just want to come to a satisfactory solution. The problem is that they themselves are not capable to succeed without the expert involvement of an impartial mediator. Our mediators can guide the parties involved to a just and satisfactory solution for all involved. By carefully listening to the motives and points of disagreement of both parties and providing a constructive contribution to this discussion, our mediators are capable of reaching a solution rapidly, just and as satisfactory as possible. The requirements for such a dispute are expertise, impartiality, care and integrity.
For Whom Mediation is Suitable:
- Mediation is applicable to disputes between both individuals and organisations.
- Mediation is also very suitable in conflicts between parties where a working relationship in principle will stay intact, which in fact happens to be more the case than one may expect.
Advantages of Mediation:
- It is relatively inexpensive when compared to judicial proceedings.
- It offers a settlement of the dispute instead of a possible escalation.
- The relation between parties is less tense than in judicial proceedings.
- Mediation can even be remedial in every type of conflict.
If you find yourself in a situation of conflict with another party, you may contact our office, free of charge. The designated mediator will discuss the opportunities with all parties concerned in finding a just and satisfactory solution to the dispute.
For further information be sure to contact Bokkes Fontein Attorneys by calling us at +5999.465.82.98 or sending us an e-mail at info@bfadvocaten.com.
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