Mediation.

Frequently asked questions about mediation.

Costs and guidance during mediation

• Is the cost of mediation lower than a legal procedure?

  Yes, mediation is generally significantly cheaper than a legal procedure. You pay for only one mediator instead of two lawyers, and the process usually takes less time. Additionally, you save time and energy by resolving conflicts more quickly.

• Can I seek advice from a lawyer during the mediation process?

  Yes, this is possible. It can be valuable to consult a lawyer while participating in mediation. The reason is that a mediator is neutral and does not take sides. Your own lawyer can help you determine which arrangement is in your best interest.

Areas of application for mediation

• Is mediation also possible in an inheritance dispute?

  Absolutely. Mediation is also suitable for conflicts surrounding an inheritance. It helps the involved parties, such as family members, reach an agreement in a confidential setting without unnecessarily straining relationships.

• Is mediation possible if domestic violence has occurred?

  Yes, but this requires careful consideration. The mediator will assess whether mediation is appropriate and safe in this situation. If necessary, additional safety measures will be taken, such as separate discussions or the presence of third parties.

Practical aspects of mediation

• How long does mediation usually take?

  Most mediation processes consist of three to five sessions. The exact duration depends on the complexity of the dispute and the willingness of the parties to reach a solution together.

• How long do the mediation sessions last?

  A typical session lasts 1.5 to 2 hours. This provides sufficient time to discuss key topics thoroughly. A written summary of each mediation session is prepared by the mediator and shared with you after each session.

• How many weeks are there between mediation sessions?

  Usually, one to two weeks are scheduled between sessions. This gives parties time to reflect, gather information, and prepare for any agreements.

When mediation stops or is completed

• What happens if the mediation ends prematurely?

  If mediation does not result in an agreement, you can still choose to pursue a legal procedure.

• Will the judge learn why the mediation stopped?

  No, the content of the mediation remains strictly confidential. The judge will not have access to what was discussed or why the process was terminated.

• What happens when mediation is completed?

  Upon successful completion, the agreements made are documented in a written agreement. These agreements can then be converted into a court order, making them legally enforceable.

  If minor children are involved, a parenting plan is drawn up. This plan contains all agreements regarding the care of the children and the division of the children’s expenses.

Confidentiality and communication during mediation

• Can I contact the mediator between sessions?

  Yes, interim contact with the mediator is possible, but it must be done via email with a cc to the other party. This can be for practical matters or to ask additional questions.

• Can I have one-on-one discussions with the mediator?

  Yes, in certain situations, the mediator can hold individual discussions. This will only happen with the consent of both parties and must serve the purpose of the mediation.

• Can I share information with the mediator that cannot be disclosed to the other party?

  In principle, all information shared during mediation is intended for both parties. Only in exceptional cases can confidential information be shared with the mediator, for example, in matters of safety.

• With whom can I discuss the content of the mediation sessions?

  The content of the mediation is confidential. You may discuss it with your own advisors, such as a lawyer or accountant, but not with third parties without the other party’s consent.

Special situations and problems

• What if the other party ultimately does not pay the mediator’s costs?

  The mediation agreement includes arrangements regarding the division of costs. If one party does not pay, the mediator can decide to stop the mediation.

• May I bring someone to the mediation sessions?

  Yes, you may bring an advisor, lawyer, or trusted person, provided the other party agrees. This can contribute to a constructive mediation process.

• My partner is verbally strong, and I am not. Will the mediator support me?

  The mediator ensures that both parties have equal opportunities to share their perspectives. If there is an imbalance, the mediator will intervene to ensure you feel heard.

• How can I be sure all financial documents are presented during mediation?

  For mediation to succeed, both parties must be transparent and share relevant information. The mediator will ask both parties to collect and disclose necessary documents. In complex financial situations, an independent expert can be consulted.

  SILK’s mediators are ready to guide you during your (divorce) mediation. Feel free to contact us to discuss the possibilities.