Court connected mediation in the Netherlands
The project Court-connected Mediation in the Netherlands' started in 2000. The aim of the project was to examine whether a permanent system of referral to mediation was justified within the judicial infrastructure and how this could be organised most effectively. Parties who have instituted proceedings before one of the courts taking part can be offered mediation as an effective form of dispute resolution. The project was carried out in five district courts (Amsterdam, Arnhem, Assen, Utrecht and Zwolle) and one court of appeal. The majority of the other courts have been familiarised with the provision of mediation by means of mediation weeks'.
Various methods of referral were prepared and tested in the project :
Oral referral by the judge at the hearing
Written referral on a selective or non-selective basis.
Selective: cases are chosen on the basis of file selection and parties are sent a customised letter offering them mediation
Non-selective: parties are approached on the basis of a random sample and asked by letter to consider mediation ; they are sent a simple self test (which can be viewed at
http://www.rechtspraak.nl/Naar+de+rechter/Mediation+naast+rechtspraak/Documentatie/Internationaal/English.htm) by reference to which they can assess the advantages and disadvantages of mediation in their specific case as compared with litigation ;
Self-referral : besides referral by a member of the judiciary, it is also possible for the parties themselves to opt for mediation on their own initiative.
The Research and Documentation Centre (WODC) of the Ministry of Justice has carried out the survey of the project. The survey was completed on 1 January 2003 and the survey report published in October 2003. The survey findings confirm that the existence of a permanent system of referral to mediation within the judicial infrastructure is warranted, although mediation is not seen as offering a good solution in all cases.
