Three ‘private’ draft laws (initiatiefwetsvoorstel, a legislation proposal on initiative of a MP) for the future Dutch Mediation Act (Nos. 33 722, 33 723 and 33 727) that have been drafted by MP Van der Steur (Liberal Party) are submitted to the House of Representatives and will be discussed in Parliament after the summer break. This Mediation Act is likely to be introduced in the course of 2014 or in the begining of 2015.
- A law to promote the use of mediation in civil and commercial cases, which proposes changes in the Civil and Civil Procedural Code (No. 33723).
- A law to promote the use of mediation in administrative law (No. 33727).
- A law to regulate and improve the quality of the mediator profession (No. 33722)
This legislation will among others introduce a general court referral rule that urges a judge to refer the parties to mediation in every stage of the proceedings if they haven’t tried mediation before going to court in a number of cases specified rather comprehensively, meaning that it is applicable in nearly all cases (new Section 22a Dutch Code of Civil Procedure). Connected to this Section are the new Sections 111, 2 sub f. and 278, 2 Dutch Code of Civil Procedure of the Dutch Mediation Act, which state that a lawyer needs to make clear in his summons whether the parties tried mediation before starting a civil procedure. Also limitation rules will be suspended during mediation that is covered by one of these Acts. And registered mediators will be awarded certin incentives like access to an e-judge and the right to refrain from testifying in court.
Cross-border mediations are governed by law No. 33 320 that implemented the EU Directive and which only addresses cross-border mediation; this law became effective on 21 November 2012.
Through the links below the (Dutch) texts can be consulted.
Voorstel van wet van het lid Van der Steur tot wijziging van Boek 3 en Boek 7 van het Burgerlijk Wetboek en van het Wetboek van Burgerlijke Rechtsvordering alsmede enkele andere wetten in verband met de bevordering van het gebruik van mediation (Wet bevordering van mediation in het burgerlijk recht)
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