Mediation & counseling

Business and employment disputes.

What is mediation?
Essential for mediation is that parties themselves find a solution for what keeps them divided, with the guidance of a mediator. The mediator is independent and impartial and leads the conversation between the parties in the right direction. The mediator makes parties listen to each other and applies intervention techniques. There will be no judgment or opinion on the dispute between parties; the mediator enables parties get underlying interests into the open in order to pave the way for a solution.

Benefits of mediation

Mediation is an increasingly common way of dispute resolution in the Netherlands.

Mediation is an increasingly common way of dispute resolution in the Netherlands. This growing popularity is amongst others due to the advantages of mediation over other forms of dispute resolution. For example, mediation processes are often completed more quickly than court proceedings. This allows parties to refocus on their business, life or career. In addition, after a successful mediation, parties are often more satisfied with the solution because they came to it themselves. This can be different than when a court issues a decision. Furthermore, if the mediation is successful, a settlement agreement is entered into by which the parties settle their dispute once and for all. As a result, in principle, no (further) proceedings may be initiated.

Types of disputes
The mediators of Ovidius focus on commercial disputes and employment disputes. For example:

  • Employment disputes:
    • a dispute between a manager and an employee
    • a dispute between the employer in general and an employee, such as about salary, a termination proposal, the employee’s performance, etc.
    • a dispute between management and the works council
    • a dispute between departments within a company
  • Disputes over a contract:
    • a dispute about paying an invoice
    • a dispute about complying with agreements
    • the situation where one party feels that the other party has caused him damage
    • a dispute about the existence or non-existence of a contract
  • Disputes between companies / business parties:
    • a dispute between shareholders
    • a dispute between partners of a partnership or associates
    • a dispute between board members / directors
    • a dispute about how to compete

Approach
A dispute is not only about rules and principles. Often, the underlying interests of the parties play a large(er) role. If the parties succeed in bringing such interests to the surface, a solution that satisfying for both parties will more often be reached. Our mediators help with this, for example by establishing good communication between the parties and clarifying what (more) is going on between them. The mediator enables parties to solve their dispute themselves and to come up with ideas. The mediators of Ovidius make use of various intervention techniques and their experience with dispute resolution.

The mediation process at Ovidius is characterized by structure, clarity and confidentiality. The process usually starts with a short intake interview with the individual parties. The conversations take place on neutral ground, for example at our office, and in a safe atmosphere where parties can express everything in confidence. 

Counseling
Ovidius also provides counseling services. Counseling is not the same as mediation; with counseling, our professionals, as an independent third party, are guiding parties in difficult conversations. This way, with the help of our counselors, escalation, and even disputes, can be prevented and parties can come to decisions they both agree with. 

Whether it concerns mediation or counseling: Ovidius makes solutions possible.

Mediators

In addition to legal mediator, Bram has been a lawyer for over 20 years and therefore has extensive experience in dispute resolution. Bram has completed the accredited postgraduate education for legal mediators at the ‘ADR Instituut’.

In addition to mediator, Jessica has been a lawyer for over 20 years therefore has extensive experience in dispute resolution. Jessica has completed the accredited postgraduate education for legal mediators at the ‘ADR Instituut’

Jessica is an MfN-registered mediator. MfN mediators are examined and qualified mediators. The MfN register, to which these mediators are affiliated, is the Dutch quality register of mediators.

In addition to mediator, Sjoerd has been a lawyer for more than 20 years and therefore has extensive experience in dispute resolution. Sjoerd has completed the accredited postgraduate education for legal mediators at the ‘ADR Instituut’.