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.
Resolution through mediation
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:
- deciding on good working arrangements by consensus or
- terminating the employment contract, with the employee retaining his/her unemployment benefit rights.
The mediator helps the parties to flesh out the agreements properly.
Completing the mediation
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.
Advice by Result Mediation
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.