Practical

Cost.

 

Mediation is not free. The cost of mediation depends on the services provided, the duration of the mediation process, the number of parties, the fee and the mediator's additional costs. The mediator's efforts are reimbursed per hour or per day or according to any other system agreed upon at the first appointment.

The law stipulates that the costs of the mediation and the mediator's fees are borne equally by the parties, but the parties may provide for a different distribution. The law also stipulates that the parties and the mediator must agree in advance on the method of determining and the rate of the mediator's fees, as well as the terms of payment.

The parties and the mediator must jointly determine in advance the calculation method and the rate, as well as the payment method. That information is included in the mediation protocol. Like other legal proceedings, mediations can be included in your legal expenses insurance coverage. Consult your insurer about this. Just like a significant number of legal proceedings, mediations can also be covered by your legal expenses insurance.

 

Duration.

 

A step through mediation is primarily aimed at finding a satisfactory solution for all parties involved. Even if it may take time, it is worth it.

A mediation can be completed in two hours; but could just as easily take months. Every mediation is different.

Depending on the nature of the mediation, its duration can range from 2 to 20 hours of discussions. One should not imagine a marathon negotiation. After all, a timetable will usually already be agreed in the mediation protocol, whether or not within a timeframe imposed by the judge in the case of judicial mediation. Consequently, a well-prepared mediation in, for example, a commercial case can be completed after one day of mediation, even in half a day. In family matters it is rather common to organize mediation sessions of one to two hours, although a longer session is not a priori excluded.

 

Success.

 

The extent to which a mediation can be concluded successfully depends entirely on the parties. Mediation does not necessarily have to lead to a complete agreement. Sometimes a partial agreement is sufficient. Sometimes it is sufficient for the parties to return to (normal) communication with each other through mediation.