Mediation verdieping – EN

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JURISDICTION

Mediation

TEN’s mediators

Are you about to start divorce proceedings? If so, then bear in mind that the emotional and business aspects involved are both quite considerable. A divorce or legal separation can prove a highly complex matter. For example, issues such as a parenting plan, divorce settlement, prenuptial agreement, division of the community property, equalization of old-age pension rights, spousal support and child maintenance ten become the order of the day.

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What is a mediator?

A divorce mediator helps you, through mutual consultation, to reach a joint solution with your (former) partner. The mediator does this on the basis of counselling during meetings held with you and your partner. During these mediation meetings, the impartial mediator not only mediates but also informs you both. This approach enables you to part from one another with mutual respect.

Mediation meetings and laying down arrangements in an agreement


Mediation consists of several meetings. The aim of these meetings is to seek solutions which both parties agree upon. The mediation is deemed successful when mutual agreement has been reached. 

The agreements made in consultation about the divorce are recorded by the mediator in a divorce settlement. The agreements regarding the children are laid down in a parenting plan. The agreements made in these documents may include arrangements on the division of the community property, the settlement of the prenuptial agreement, spousal support, child maintenance, the care and upbringing of the children, a regulation on the accrued retirement pension rights, etc. 

After the aforementioned agreements between the parties have been laid down in a divorce settlement and – wherever minor children are involved – a parenting plan, a joint petition for divorce is drawn up by one of our lawyer-mediators. This divorce petition is submitted to the court with the request to grant the divorce and to include the agreements in the court decision.

If there is no question of marriage or registered partnership, however, no court decision is required and the divorce settlement and/or parenting plan do not have to be submitted to the court, although these documents are nevertheless considered agreements between the parties involved.

Mediation: the advantages


During mediation, our mediators give both partners the opportunity to express their opinions, discuss matters and (creative) solutions are devised and worked out. By entering into consultation with one another, partners can conclude arrangements that they may not have been able to achieve in court. Moreover, as a settlement reached in consultation between the parties is generally more futureproof, there is less possibility of further conflict between the two of you than in the case of a decision imposed by the court.

Apart from the fact that mediation provides a sustainable solution, it can also save you a lot of money. In fact, the costs associated with your divorce are much lower in the case of mediation than if you were both to engage your own lawyer for example. 

Our mediators

TEN has three expert divorce mediators, who remain at your disposal. Our mediators are professional, impartial, committed, competent and lend a willing ear. Of course, they are registered with the Mediators’ Federation of the Netherlands (MfN) and the Association of Family and Inheritance Lawyers and Divorce Mediators (vFAS). This vouches for their quality.

Are you also involved in a case which requires mediation? If so, then TEN’s mediators remain at your service!

Favourable divorce? It does exist!

Want to know more? If so, please contact one of our mediators. 

Relevant articles (in Dutch)

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