Differences between mediation agreement and settlement agreement in Delft

In Delft, with its vibrant student housing and historic rental market, a mediation agreement fundamentally differs from a settlement agreement. The mediation agreement arises from mediation processes at local institutions such as the Juridisch Loket Delft or the Rechtbank Den Haag (Delft branch) and focuses on voluntary, future-oriented solutions. A settlement agreement, on the other hand, is an amicable settlement ex article 7:900 BW, with stricter formal requirements – often notarised by a Delft notary. For rental disputes in neighbourhoods such as the city centre or Tuindorp, the settlement agreement provides an executory title, enabling direct eviction or payment via the bailiff in Delft, without a new procedure before the cantonal judge. Mediation agreements are more flexible, but less directly enforceable and ideal for preserving relationships, such as in cases of temporary nuisance in student rental properties around Delft University of Technology. Choose mediation for informal disputes via the Delft Tenants' Association; a settlement agreement for definitive settlement, for example in cases of arrears of rent in the old city centre. Legally, mediation falls under the Quality Requirements Act for Self-Employed Professionals, while settlement agreements fall under Book 7 of the Dutch Civil Code. Practical example: in eviction cases around Phoenixstraat, a settlement agreement prevents lengthy procedures before the local court. Note: a mediation agreement can easily be converted into a settlement agreement for extra certainty, especially relevant for Delft tenants and landlords to minimise risks such as WOZ-related rental conflicts.