Disputes
Anyone involved in a dispute typically wishes to resolve it as quickly as possible. Normal businesslike relations between parties are much preferable to legal sparring. The latter often leads to a court decision and entails a great deal of time, energy and money. Moreover, a court decision does not always offer a workable solution. Therefore, more and more parties choose another form of conflict control: mediation.

Mediation: the solution
Mediation is dispute resolution with the assistance of a mediator. Almost every dispute has a solution which is acceptable to all parties involved. But often the parties involved in a dispute do not see such solution. This can be changed with the help of a mediator. The mediator does not take a position, but helps parties to find a solution. It often proves possible jointly to find a compromise that everyone involved can live with. That is why an increasing number of both business and personal disputes are settled amicably. A great advantage is that the relations between parties are not unnecessarily damaged.

The procedure
There are two key characteristics for mediation: voluntariness and confidentiality. Parties cannot be forced to participate in the mediation process. The participants agree to confidentiality before beginning. These principles are embodied in the NMI Mediation Rules.

At the beginning of the mediation process parties and the mediator enter into a mediation agreement: an agreement to attempt to resolve the dispute by means of mediation.

The informal and flexible mediation process commences. Parties are actively involved. The mediator stimulates them to consult with each other. He or she acts as a facilitator in their efforts to find a solution. The mediator does not force an outcome on the parties. Rather they decide themselves how to work out their differences. This means a "win-win" situation for everyone involved. The outcome is recorded in an agreement, which finalizes the mediation process.

The Mediator
Independent and impartial: these are the two basic characteristics of a mediator. He or she is specially trained in guiding and assisting in mediation processes.

The Netherlands Mediation Institute (NMI) maintains a register of mediators which includes only qualified mediators: those who have completed a training program recognized by the NMI. These mediators are bound to abide by the NMI code of conduct, which is a further assurance of quality. Some hundreds of mediators have been admitted to the register.

Parties may appoint their own mediator. They can also ask the NMI for names of registered mediators (if desired, selected, e.g., by profession, location, or specialization).

Benefits
Mediation offers a number of benefits over other forms of conflict control, the most important of which are:

• Speed
• Cost Control
• Informal procedure
• Expert assistance
• Active role of parties
• Room for creative solutions
• No unneccessary damaeg to the relationshiop
• 'Joint solution: win-win result

Conditions
Mediation will work only if the following conditions are present:

• The parties must be willing to resolve the problem together;
• The participants in the meetings must have authority to enter into a settlement agreement.
  

Costs
The costs of a mediation procedure consist of the following elements:

• The fee of the mediator and assistants, if any;
• The costs incurred by them.
  

The fee does not depend upon a solution being reached. Usually the costs are paid by parties in equal parts. Furthermore, each party bears its own costs. Parties are free to agree on a different apportionment of costs.