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MediationPrinciples and Regulation in Comparative Perspective$
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Klaus J. Hopt and Felix Steffek

Print publication date: 2012

Print ISBN-13: 9780199653485

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199653485.001.0001

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Mediation in the Netherlands: Between State Promotion and Private Regulation

Mediation in the Netherlands: Between State Promotion and Private Regulation

(p.697) Chapter 13 Mediation in the Netherlands: Between State Promotion and Private Regulation

Liane Schmiedel

Oxford University Press

Alternative dispute resolution has a long-standing tradition within the Netherlands. Consequently, the Netherlands government has actively promoted mediation since the end of the 1990s, instigating two pilot programmes in order to integrate (court-annexed) mediation into the system of dispute resolution. Both programmes have been successful, leading not only to the institution of a referral system for court-annexed mediation, but also providing parties without sufficient financial means with legal aid for mediation. So far, the Netherlands have thereby deliberately abstained from a general regulation of mediation and has left this task to private partners, such as the Netherland Mediation Institute and market developments. With the implementation of the EU Mediation Directive, this approach had to change. The article provides the reader with the facts about mediation practice and its development in the Netherlands, including extensive empirical data, but also analyses the forthcoming changes to the (regulatory) system.

Keywords:   Netherlands, mediation, court-annexed mediation, EU Mediation Directive, dispute resolution, legal aid, Netherland Mediation Institute

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