Mediation is a modern form of dispute resolution that does not involve intervention by a court of law or an arbitrator. In such instances the parties concerned, assisted by their own adviser if required, try to resolve their dispute under the guidance of a neutral mediator.

Mediation is currently in the spotlight, because it offers major benefits compared to normal legal proceedings, provided that both parties are open to it and are willing to resolve their conflict in a constructive manner. For example, mediation has a far wider reach than judicial avenues, because not every interest can be represented judicially. Litigation could take several years, whereas mediation offers the possibility of a far more rapid resolution of the dispute in question. Additionally, mediation is more likely to produce a win-win situation for the parties involved, as opposed to a lawsuit, which generally only produces winners and loser. Lastly mutual relations and goodwill are less likely to be impacted by mediation, which in many respects could be regarded as a modern interpretation of the maxim “where there is a will, there is a way”.

At Van Benthem & Keulen, we have several expert and experienced mediators and can therefore offer mediation as a tool in most of the areas of law in which we practice We pride ourselves on being the standard bearers of a speciality that is rapidly gaining credence within the legal industry