Mediation Agreement: Is It Binding?
A **mediation agreement** is a written arrangement made by parties during or after a mediation procedure in Delft. This agreement regulates how the dispute between parties, such as tenant and landlord, has been resolved and may have legal consequences. In rental disputes in the Delft region, it is crucial to know whether and when this agreement is binding. In this article, we explain how it works, what rights and obligations you have, and what you need to know about its binding nature, with references to local institutions such as the Juridisch Loket Delft and the Rechtbank Den Haag (district).
What is a mediation agreement?
A mediation agreement is a **written instrument** in which parties (for example, tenant and landlord in Delft) record how they have resolved a dispute through mediation. It can take various forms, such as:
- An **agreement** on the resolution of the dispute (for example, a payment arrangement or repairs to a rental property).
- An **arrangement for further steps** (for example, that no further legal steps will be taken at the Rechtbank Den Haag).
- A **final arrangement** in which the dispute is definitively considered resolved.
Mediation is a **voluntary procedure**, but if parties enter into an agreement, it can acquire legal force. It is therefore essential to understand whether and when it is binding, especially in rental disputes in Delft.
Legal basis: what does the law say?
The binding nature of a mediation agreement is governed by the **Dutch Civil Code (BW)** and the **Mediation Regulations** (laid down in the Mediation Act). Important articles are:
- Article 7:900 BW: Provides that a mediation agreement is binding if both parties consent. The agreement must be clear and unambiguous.
- Article 7:901 BW: States that a mediation agreement is not binding if it is contrary to the law or public morals.
- Article 7:903 BW: Allows recording in a **notarial deed** or **simple written agreement**, depending on the arrangement. In Delft, you can go to a local notary or the Juridisch Loket Delft for this.
Mediation is **not compulsory** in the Netherlands, but parties choose it voluntarily. Upon signing, they bind themselves to the arrangements. For disputes in Delft, this falls under the jurisdiction of the Rechtbank Den Haag (district).
Practical examples in rental disputes in Delft
In rental disputes in Delft, a mediation agreement can take various forms. Some local examples:
| Situation | Possible mediation agreement | Binding? |
|---|---|---|
| Tenant pays arrears | Tenant and landlord in Delft agree that the arrears will be paid in installments, e.g., €100 per month over 12 months. | Yes, upon consent and written recording. Enforceable at Rechtbank Den Haag. |
| Repairs to the property | Landlord and tenant make arrangements about repairs and deadlines, specifically for Delft rental properties. | Yes, upon agreement and written fixation. |
| Termination of the lease agreement | Parties agree to termination subject to conditions (e.g., notice period), in line with local rental rules. | Yes, provided it is not contrary to the Rental Supervision Act. |
| No further steps | Parties decide that the Delft dispute is resolved without legal escalation. | Yes, upon consent; in case of non-compliance, you can go to Juridisch Loket Delft or Rechtbank Den Haag. |
Rights and obligations under a mediation agreement
When entering into a mediation agreement in Delft, you have rights and obligations. Know these to avoid surprises. Consult the Juridisch Loket Delft for free advice or the Rechtbank Den Haag for enforcement.