Mediation
Prevent escalation and protect your business interests.
Unfortunately, conflicts sometimes arise when people work together. Köster Advocaten offers added value in resolving disputes. We offer mediation, or guidance in mediation, on various topics.
These include disputes between:
- shareholders
- the works council and the director
- a manager and an employee
- two employees
- the management and supervisory bodies (Supervisory Board or Supervisory Council)
- the buyer and seller of a company
- a supplier and a customer.
Our firm has an MfN-certified mediator and lawyer, Jolanda de Groot, and experienced lawyers in the field of mediation, Dirk Lange.
What is mediation?
A business conflict can easily lead to an impaired relationship and irreparable damage to relationships and reputation, which should be avoided. Mediation offers a fast, effective and discreet way of resolving conflicts without lengthy legal proceedings. A neutral and independent mediator guides the parties towards a sustainable solution, taking both business and personal interests into account. This prevents further damage and ensures an outcome that all the parties can live with.
When a conflict threatens to get out of hand, time is of the essence. Mediation is ideal when parties wish to prevent further escalation or save the collaboration, or need a safe, confidential environment. Open communication creates clarity and allows rapid progress towards a solution.
A mediation clause may have been agreed in contractual relationships. In that case, the parties agree at the start of a collaboration that, if a conflict threatens to arise or has already arisen, they will first attempt to resolve it through mediation.
Mediation can also be used before an actual escalation occurs. In that case, professional discussion support or mediation is chosen. A case in point would be an important decision that must be made within a board or works council. The mediator then facilitates the discussion and helps all the parties involved to arrive at a solution that will also work in the long term.
Waiting often only makes a conflict worse. Mediation offers a quick and effective solution. The discussions preferably take place face-to-face at our office in Haarlem, but can be organised elsewhere if necessary. An online meeting is possible in exceptional circumstances. Mediation can be conducted in both Dutch and English.
To find out whether your conflict is suitable for mediation, contact us today for an exploratory meeting. Timely action can make the difference between escalation and a workable, sustainable solution.
The mediation process: what can you expect?
Mediation begins with confidential intake interviews with both parties. During these interviews, the mediator identifies what has led to the current or imminent conflict, and what views and interests are at stake. The rules of mediation are explained and it is determined whether the right people are at the table to reach a solution.
This is followed by joint sessions in which the sore spots and causes of the conflict are openly addressed. The mediator guides the parties in clarifying their positions and the underlying interests. Next, possible solutions and scenarios are identified and the mediator guides the negotiations towards concrete agreements.
The aim is for the mediator to help the parties find a workable, respectful and sustainable solution. Please note that the mediator merely guides the process; the parties themselves determine the content and possible solutions.
Employment law mediation
During intake interviews with the parties, the mediator assesses whether a case is suitable for mediation. Basically, a case is suitable for mediation if, for instance, the parties wish to prevent the situation from escalating to such an extent that the relationship is irreparably damaged, making further cooperation impossible. Sometimes mediation follows on from advice given by a company doctor or confidential adviser. Mediation may also relate to a situation involving inappropriate behaviour or where a confidential investigation has taken place. Employment mediation focuses on issues where personal relationships are and remain important. Examples include a current or imminent dispute between a manager and an employee, between two employees, or between members of a works council.
Business mediation
Business mediation is an increasingly common way of resolving business disputes. These may involve disputes between shareholders, business partners or partnerships, but also commercial disputes between trading partners. A solution is sought on a voluntary basis under the guidance of a mediator. Business mediation has now also become an integral part of legal proceedings. Courts regularly refer disputes to mediation or wish to know whether the parties have already completed a mediation process. As an integral part of business disputes, mediation requires strategy. Is it advisable to reject a request for mediation, and at what stage of the conflict does mediation play a role? These are important considerations in which we can offer support based on our extensive experience in guiding business mediation processes.
Not every case is suitable for mediation. This may be due to the details of the case, but sometimes also to the position taken by the other party or, conversely, your own position and wishes. In all cases, it is important to determine your strategy and position in good time. With the right analysis, mediation can be a suitable means of resolving a dispute without legal proceedings and in confidence.
Property law and administrative law mediation
Property law and administrative law disputes can be time-consuming and costly. Mediation and Alternative Dispute Resolution (ADR) offer a powerful alternative to lengthy legal proceedings. In the case of conflicts about e.g. construction contracts, lease disputes or administrative enforcement cases, a fast, strategic and solution-oriented approach saves time and money and may avoid reputational damage.
We guide parties through effective negotiation processes to arrive at a legally tenable and commercially sensible solution. Our in-depth expertise in property law and administrative law allows us to tell exactly when mediation, binding advice or arbitration is the best approach to take.
ADR allows you to remain in control, minimise risks and maintain workable relationships without unnecessary escalation. If you’d like to know whether mediation or ADR is suitable for your case, we can contribute strategic ideas in the decision-making process.
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