A Reflection On The Mediation And Development Of Mediation In The Netherlands

Mediation in the Netherlands
A reflection on the mediation practice in the Netherlands and the implementation of directive 2008/52/EC of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters.
Mediation is an upcoming way of resolving disputes. More and more people prefer mediation over litigation, because it has some major advantages. These advantages are that it is private, fast and most of the time it maintains the relationship with the other party.
Mediation in general
Mediation is an extension of the negotiation process in which parties use a neutral third party to assist them in resolving their dispute. The mediator assists the parties in applying their own values and reaching a solution . The core value of mediation is the principle of

In the 16th century the Leyden Peacemakers already used a similar practice to mediation. They mediated in small civil cases to lower the pressure of work of the court .
Although mediation was already known in the Netherlands, it really started developing in the 1970s, when Dutch citizens became increasingly dissatisfied with the Dutch legal system due to inaccessibility of the courts, high costs and long delays .
As a result, people started to look at alternatives. A couple of academics and practicing lawyers sought inspiration in the modern mediation techniques in the United States. Eventually, this resulted in the establishment of the Dutch Mediation Institute in 1993. The main purpose of the Institute was informing the people about mediation and stimulating and furthering the practice and quality of mediation.
The current situation in the Netherlands
Distinctive for the Dutch development of mediation is that there are no statutory rules for mediation. This differs for example from Germany, where they have national laws concerning mediation