MEDIATION IN CASE OF A LABOUR CONFLICT
Labour mediation is intended to resolve an employment conflict in which the parties to the conflict themselves do the seemingly impossible, i.e. reach a solution acceptable to both parties. This takes place in discussions under the guidance of a neutral expert mediator. All our mediators are registered as MfN-registered mediators (Mediators Federation of the Netherlands, formerly NMI-registered mediator).
Within mediation, we offer two modules: starter module and all-in module.
The mediator will first conduct an intake interview with the parties involved separately. After the intake, the parties involved are invited for a plenary meeting without any agenda or predetermined outcome. During the mediation meeting, the parties discuss their interests, viewpoints and possibilities, after which they explore a possible solution that is supported by both. Mediation is always voluntary and the discussions are confidential.
In addition to the intake and the plenary meeting, the starter module also includes follow-up advice in the form of a step-by-step plan with which the parties involved can independently work towards a possible solution.
In an all-in module, the result is that the mediator, after several talks, is able to draw up an agreement that states what the parties have agreed upon. After signing this agreement, everyone is bound by it and the mediation process is completed. 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 arrangements have been made in a binding signed agreement.
Mediation compared to court proceedings
When going to court, personal interests are paramount and the decision about the outcome is left to a judge. In mediation, the parties themselves resolve their issue through mediation on the basis of mutual interests. They are in control of the outcome and save considerably on costs and time in comparison to a court case.
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