Mediation solves disputes.
Aside from the sports based guidance of athletes, as indicated on the other pages, you can also contact me when there is need for mediation. I am recognized by the NMI (Netherlands Mediation Institute), and am registered there.
Being one of the few mediators in The Netherlands I know the sports world with business interests and emotions of an athlete. These combined factors allow me to have jargon and also often knowledge of the topic discussed.
How does mediation work?
Who has a dispute wants to alleviate themselves from it as soon as possible. Normal working conditions between two parties are far better than to have judicial steps taken. Those steps usually require a judge to make a decision, which takes time and costs a lot of energy and money. Besides, a judgment does not always provide a solution. That is why, often, people choose to use another way to settle the conflict: by mediation.
Mediation: the solution
Mediation is the combined word for solving a dispute by negotiations. Also in the sports world disputes arise. Emotions can sometimes develop rather severely, when business and athletic interests could conflict with each other. Almost every dispute can be solved with a solution that is acceptable for both parties. However, in a dispute both parties often do not see this solution. The help of a mediator can then be very useful. The mediator does not have anything at stake, and does not take a side, but assists in finding a solution. Often the solution is a compromise that satisfies all parties. That is why amicable settlements occur more often, both in business and personal cases. A great advantage is that the relationship between the two concerning parties is not irreversibly damaged.
In mediation two major set points are required: willingness and trust.
The involved parties cannot be forced to participate in the mediation process. The participants agree to secrecy prior to the start of the process. These principles are set in the NMI mediation regulations.
At the beginning all parties concerned sign a mediation agreement with the mediator: an agreement to try and solve the dispute by mediation.
Then the informal, flexible mediation process can begin. All parties set themselves up actively and the mediator stimulates the discussion. He guides them to find a resolution. The solution is not a verdict set by the mediator, but the parties decide to find an agreement together. This creates the win-win situation that allows everyone to be happy.
The solution is then set as an agreement and this concludes the mediation.
Independent and impartial: Those are the two basic features of the mediator. He is trained in leading and guiding mediation processes. The Netherlands Mediation Institute (NMI) retains a registry of mediators. In this registry, only qualified mediators are taken into account; those who have had an NMI acknowledged training or education. Mediators work according to the code of conduct of the NMI. Registration and conduct rules are focused on good mediation technique and quality. So far a few hundred mediators are registered with the NMI.
The concerned parties can also pick out a mediator themselves; they can also request a list of registered mediators from the NMI. A selection can then be made, for instance by area of expertise, region or specialty.
Mediation has great advantages over other forms of dispute settlement
Most important are:
- Cost control
- Informal procedures
- Competent guidance
- Active role of both parties concerned
- Room for creative solutions
- No unnecessary damage to the relationship of the parties involved
- Find a solution together = win-win result
Mediation is only useful when the following conditions are met:
- All parties concerned must be willing to find a solution
- Participants must be authorized to make a solution agreement.
The costs of a mediation procedure are:
- The compensation of the mediator and possible assistants;
- Costs made by the mediators.
The compensation is not dependent on reaching a proper solution. Commonly costs of the process are divided evenly between the parties involved. Costs made by one of the parties will have to be covered by those who made the costs. The parties can also decide to spread the costs differently.