Table of Contents

    Address:

    Industrielaan 3342/b1
    3800 Sint-Truiden

    Tel.: + 32 (0)11 67 28 58 
    Fax: + 32 (0)11 67 49 35 
    Mobile phone: + 32 (0)477 28 38 61 
    E-mail: dominique@3800.be

    Submit a mediation request
    via Belmed

    For which problems

    Disputes concerning:

       General customer services

    • Construction of new houses
    • Home maintenance and repair
    • Home cleaning
    • Support, analysis and mediation

       Financial services and insurances

    • Non-life insurance – home and real estate

       Transportation services

    • Services related to the transportation infrastructure

    Fees

    The mediation fees are equally divided among all parties requesting the mediation, unless provided otherwise:

    • The first mediation session costs € 800.00 (€ 661.17 + 21% VAT). This fixed sum is to be divided among the parties and covers the preparation of the case as well as the mediation session with the mediator and his travel expenses (up to 100 km). For more complex mediations where an “in take interview” is necessary with each actor, the first provision amounts to € 1,200.00 (€ 991.74 + 21% VAT).
    • The parties shall send all necessary documents and information to the mediator. A draft protocol detailing the costs will be send beforehand and the parties will be asked to describe the conflict (max. half a page).
    • If the first session takes place more than 100 km away, a surcharge of € 1.21 per additional km (21 % VAT and travel time incl.) will be applied. 
    • If a second mediation session is necessary, the fees will be calculated on the basis of an hourly fee of € 150.00/hour (€ 123.97 + 21 % VAT).
    • Travel expenses for additional sessions are invoiced € 1.21/km (€ 1.00 + 21 % VAT), travel time included.

    These sums apply to any mission before, during or after the mediation meeting.

    For technical mediation missions: the same prices apply to technical operations or analyses (preliminary technical reports, measurements or other technical operations) provided they are limited in time.

    An estimate will be drawn up for additional analyses or technical advice from external experts. The fees shall be divided among the parties.

    Financial help is available through legal aid. (only available in French or Dutch)

    Languages

    Languages in which the mediation can take place:

    • Dutch

    Geographical competence

    • Flanders

    • Brussels and Wallonia (provided the parties speak Dutch)

    Prerequisites for access

    • Actors have to voluntarily enter the mediation process;

    • They have to make sufficient effort (involvement) to solve the dispute together;

    • They have to be mandated to conclude an agreement;

    • They have to show respect to each other and be open and understanding;

    • They have to agree to respect the confidential nature of the mediation by signing the protocol.

    How does it work

    During the first contacts by telephone with the actors (or legal advisers) I try to assess the context: what is the subject of the dispute, what is the goal of the mediation procedure?

    I then send my acceptance of the mission with the basic text of the protocol as well as the details of the provisions to be paid (50 % for each party), and ask the parties to either confirm this proposal or to come up with another joint proposal. I also give them homework: a questionnaire testing motivation, relationships, knowledge, etc., which also represents a first step towards the all-important preparation by the actors themselves. I also always ask them to describe (in max. half a page) the conflict and to send me this summary before the 1st session with the file documents (if applicable).

    With this basis, I first try to see to what extent the conflict can be solved through mediation.

    The first session is planned after payment of the provisions. Concrete arrangements are made concerning time and place. Upon request, I can also make initial technical examinations (e.g. for mediation requests including an assessment). Although this can threaten the rest of the mediation, this request usually comes because of my professional competence in construction disputes.

    The mediation session itself:

    After the usual greetings and exchange of civilities, I offer people a drink, tell the parties where to sit at the table, etc.

    I start by asking if the parties have done their homework and know what this mission involves for everyone and whether there are still questions concerning the protocol etc.

    After that, I repeat the content of the protocol and insist on the prerequisites.

    We conclude this introduction with a joint description of the conflict covered by the protocol.

    I then declare the meeting open, give a short summary of the proposed course of action and ask whether anyone wants to start and expose their issue. My task is then to attempt to guide the dialogue in function of the proposed course of action so that the actors do not act too hastily but constantly move towards the only objective (finding a win-win solution for everyone).

    Should we arrive at a dead-end, one or several conciliation meetings can help restore communication.

    If we finally reach a compromise, I ask the legal advisers (if applicable) to draw up the agreement (if possible on the spot or otherwise in consultation with each other) and to send it to the actors so that they can sign it.

    Mediation protocol

    Protocole de médiation à télécharger. (DOCX, 267.54 KB) (Only available in Dutch)

    Belmed partnerLogo Belmed

    Last update
    24 January 2019