An employment dispute costs a lot of energy, time and money. For all parties. Our mediators help resolve 1,200 employment conflicts a year. Choose employment mediation to resolve your employment dispute.
Result Mediation has many specialised employment mediators. An employment dispute affects both the employee’s and the company’s performance. Our mediators are the most experienced employment mediators in the Netherlands. We are caring, involved and effective. Each year, we resolve more than 1,200 employment-related conflicts, many of them foreign language mediations.
All of our employment mediators are registered mediators with the Federation of Dutch Mediators (MfN). We work together with various Dutch employment-related organisations, including ArboNed, Keerpunt, Arbo Unie, ArGon Groep, Capability, MKBasics. We also conduct mediations for many international organisations and companies throughout the whole of the Netherlands directly.
Our employment mediators often quickly deliver results: More than 90% of the mediations which Result Mediation conducts are successful. Nearly half of the successful mediations end with termination of the employment contract by mutual consent; the other half end with agreements about resuming the job and returning to work. The mediator records the solution achieved in a settlement agreement, which the parties sign.
Mediation is a structured process. A neutral, independent mediator guides the disputing parties towards a solution. A solution which is acceptable to every party. Mediation is voluntary; it can be terminated by any party or the mediator at any desired time. Often, the mediator will give it one last try at that point. If this fails, the mediator will terminate the mediation. Strict confidentiality applies. The resolution achieved will not become binding until a settlement agreement has been signed. Around 90% of Result Mediation’s mediations are successful.
After receiving an application for employment mediation, Result Mediation’s case manager notifies the employer and employee about the mediation, including providing information about the mediator. They’re also invited to complete the online intake.
Based on the questions and your responses, the mediator can properly prepare for the mediation. The major benefits of an online intake (according to the University of Leuven in Belgium) are:
Next, the mediator contacts both parties and the referring party (usually a working conditions service and sometimes a legal expenses insurer). Based in part on the online intake, the mediator discusses how the situation can best be dealt with. A meeting is scheduled after the initial contact.
You can always get a free telephone feasibility study with one of our mediators. The mediator will then discuss the situation with you and discuss the options he sees. If the mediator thinks that mediation is not a good option, he will say so and you will not be charged for teh conversation.
A employment mediation usually takes 4 to 6 weeks. Two conversations are usually conducted during this period. And coordination can take place via e-mail or telephone. Our employer mediators spend an average of 10 hours per mediation.
The duration of a business mediation is difficult to determine in advance. This can happen very quickly, for example when a lawsuit is planned and parties want to find a solution in mediation before that time. But it can also take longer if many parties are involved in the mediation and careful, formal decision-making has to take place. At the start of the process, the mediator makes an estimate of the hours to be spent.
Everything in the mediation is in consultation, including this. If one of the parties wants to take someone along, the mediator or our case management will discuss this with the other party. To ensure that there is balance at the table, the other party can also bring someone along.
Sometimes people like it when they can discuss what happened and what was said afterwards. In other cases they want to take their (legal) adviser with them. It also happens that within the situation there are several responsible persons who all have to sit at the table in order to have a mandate for the entire solution. The mediator ensures that the conversation is in principle conducted by those directly involved (employer / employee, partners, shareholders).
The hourly rate of the mediator is between € 200 and € 350, depending on the type of conflict and the mediator involved. In an employment mediation, the mediator spends an average of 10 hours. For business mediations, the mediator makes an hourly estimate prior to the mediation.
The mediation agreement is signed during the initial mediation meeting, in order to ensure the voluntariness and confidentiality of the process for both parties. Both parties are given the opportunity to explain their positions. The mediator encourages the parties to discuss the situation and formulate agreements in a constructive manner. The mediator can also speak with each party separately and confidentially.
A single meeting may be enough to resolve the dispute, while a few additional follow-up meetings may sometimes be necessary. The mediator can record the agreements made in a settlement agreement. In practice, this entails:
The mediator helps the parties to flesh out the agreements properly.
An employment mediation is concluded by making agreements about the future, after both parties have signed a settlement agreement. This settlement agreement sets forth the specific agreements made or includes a statement by the mediator (or one of the parties) that the mediation has ended unsuccessfully. Termination of employment is always recorded in a settlement agreement. This shows the Dutch Employee Insurance Agency (UWV) that the employee bears no blame for losing his/her job and is still entitled to unemployment benefits.
During the different stages of the mediation process, the mediator draws up a progress report for the referring party, who thus remains fully apprised of the proceedings. In consultation with both parties, the mediator can contact the referring party, too.
The success rate for Result Mediation’s mediations is more than 90%. A crucial success factor is that each party is prepared to work to achieve a resolution. Sometimes, a party prefers to let the conflict go on, or a choice is made to head to court. If the parties cannot agree, the employment relationship will continue, including the obligations regarding returning to work. We would be pleased to consult with you (confidentially, of course) about what mediation might be able to do for you in your particular situation. Please contact one of our case managers.
With professional mediation we solve 91% of the conflicts. Quickly and to the satisfaction of both parties.
