Mediation

In addition to legal assistance, Asselbergs & Klinkhamer Advocaten also offers mediation. Mediation is a form of conflict mediation. Parties jointly actively search for a solution to a problem – which will be acceptable to all parties – under the guidance of an independent and neutral mediator. It therefore applies as a condition to successful mediation that both parties wish to cooperate with the mediation process.

Advantages

The advantage of mediation compared to legal proceedings before the court is, among other things, that it is a cheaper and faster way to reach a solution. The causes of the conflict are looked into, which are often not of a legal nature. If a joint solution is reached, then this solution will result in greater satisfaction and acceptance (support) by both parties than when this is imposed by a third party, for example by a judge. It is additionally important to note that the judge is often far more limited in his or her options in the judgment. An agreement between parties in mediation can meet the wishes of both parties to a greater extent because no restrictions apply and the parties can therefore reach more creative solutions.

Various forms

There are various forms of mediation. In general there are three distinctive forms: evaluative mediation, facilitative mediation and transformative mediation. In case of evaluative mediation the mediator has an active role and the mediator not only guides; he or she also provides information about legal rights and duties, the possible outcomes in court, the consequences of possible solution, etc. In case of facilitative mediation the mediator is mainly focused on effecting an optimal negotiation environment. In case of transformative mediation it concerns not so much the solution of the conflict as the strengthening of the relationship between parties.

Mediation is tailor-made work

Mediation is tailor-made work and can be applied to virtually every conflict situation. The experienced mediators of Asselbergs & Klinkhamer Advocaten will apply the most suitable form of mediation on the basis of the nature of the dispute and, if necessary, adjust this during the process. Our mediators mediate in business law, personal injury law, property law, employment law and family law cases. They are members of the Netherlands Mediation Institute (NMI) or members of the Association of Family Lawyers and Divorce Mediators (vFAS). From 1 January 2014, the Netherlands Mediation Institute merged with the Federation of Mediation Associations (MFN), of which the Association of Family Lawyers and Divorce Mediators also forms part.

If you would like more information about how the mediators of Asselbergs & Klinkhamer Advocaten can assist you, then please contact us.

Please contact us.

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