MEDIATION IN THE EVENT OF AN EMPLOYMENT DISPUTE
The purpose of employment mediation is to solve an employment conflict, in which those who have the conflict do the seemingly impossible themselves, i.e. reach a mutually acceptable solution. This is done in conversations under guidance of a neutral mediation expert, the mediator. All our mediators are registered as MfN-registered mediators (Mediators federation Netherlands, formerly referred to as the NMI-registered mediator).
Within mediation we offer two modules: the start module and the all-in module.
The mediator will first hold separate intake interviews with the parties involved. After the intake, the parties involved will be invited for a plenary conversation without an agenda and without the outcome being determined beforehand. During the mediation meeting, the parties discuss their interests, points of view and possibilities, after which they explore a possible solution that is supported by both parties. Mediation always takes place on a voluntary basis and the discussions are confidential.
In addition to the intake interview and the plenary session, the starting module also consists of an additional advice in the form of a step-by-step plan, with which the parties involved can work independently towards a possible solution.
In the case of an all-in module, the result is that the mediator draws up an agreement after various discussions, stating what the parties have agreed upon. After signing this agreement, everyone is bound by it and the mediation process is concluded. If the mediation process is terminated prematurely by one of the parties or the mediator, the parties will have no obligations towards each other unless interim agreements have been laid down in a binding signed agreement.
Mediation compared to a court case
When going to court, personal interests come first and the decision on the outcome is left to a judge. In case of mediation, the parties will solve their issues themselves through mediation based on mutual interests. They are in control of the outcome and save considerably on costs and time compared to a court case.
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