Results of the structural system of referral: the Dutch experience

Type of cases
Three quarters of the referred cases are civil cases. Mediation has proved effective in trade disputes and contractual disputes. Mediation is in administrative disputes has related mostly to cases involving judicial review and application of the General Administrative Law Act. Mediation is also applied in tax cases. The success rate of mediation depends not so much on the type of case as on the willingness of the parties to negotiate.

Success rates
Full or partial agreement is reached in 64% of all cases. Mediation on tax matters and matters within the jurisdiction of subdistrict courts has the greatest chance of success, namely 80% and 58% respectively. The success rate rises in proportion to the degree to which the parties are willing and able to negotiate. Parties must have some scope for negotiation if they are to reach a solution, although mediation can be successfully concluded even where there is relatively little scope for negotiation. This is true in particular of administrative cases, where the success rate is often higher than the administrative authorities would expect. The further a conflict has escalated the more difficult it is to reach agreement.

Continuation of proceedings
The proceedings are stayed during the mediation. If the parties failed to reach agreement the proceedings can be resumed.

Duration
The period between the first and the last mediation meeting is on average 42 days. The average duration of the mediation meetings was 2,7 meetings. Mediation in administrative and tax matters is generally shorter. This shows that in many cases mediation fulfils its promise of providing a fast solution.

Satisfaction
Generally the parties indicated that they were satisfied with the mediation and had a positive opinion on the quality of the mediator. Over 50% of the parties and their lawyers indicated that they would choose mediation again in similar circumstances and would advise others to do so as well.

Performance
When parties have reached agreement, the agreements are performed fully and quickly in two thirds of the cases. In the other cases some further action is necessary for this purpose. The extent of performance is thus about twice as high as in the case of litigation.

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