Mediation has been on the rise for a number of years.
People may be thinking in the first instance of family files and divorces, but mediation is certainly not only reserved for those matters. In commercial matters too, mediation is gaining ground and entrepreneurs are increasingly coming to a mediated agreement.
The advance of mediation is partly supported by the law.
For example, lawyers are legally obliged to inform their clients about the possibilities of conflict resolution, including mediation or a (negotiated) amicable settlement.
However, the courts are also instructed by law to promote amicable solutions to disputes. Each court fills it in its own way (simplifying a request for amicable settlement, direct interrogation of parties at the session, organizing information sessions on route selection, room for amicable settlement, etc.).
From 1 February 2020, the Enterprise Court in Antwerp a new approach to the opening session, with the aim of giving a mediated solution (more) chance.
Concretely, this means that the lawyer must be able to clarify at the opening session to the court what attempts have been made prior to the litigation. amicable manner. For an amicable conflict resolution, lawyers must have instructions from their client.
The Enterprise Court in Antwerp is also giving more attention to mediation or amicable dispute resolution with this new initiative.
More information about which process is possible for your dispute? Contact us now.