Table of Contents
For which problems ?
Commercial disputes concerning:
General consumer services:
- Construction of new houses
- Home maintenance and repair services (specialised plumbers, roofers, heating engineers…)
Disputes relating to the following fields:
- stability, foundation techniques,
- pathology, humidity and condensation,
- thermic isolation, airtightness,
- sound proofing and acoustics, noise nuisance in buildings,
- floor covering, screed,
- wall and ceiling covering, plastering,
- sloping and flat roof, parking roof,
- concrete construction, ready-mixed concrete, concrete technology, polished concrete floor,
- wood construction, timber framing and cabinet work,
- installation of bathroom fixtures.
Mediation fees are equally divided among all the parties that request the mediation, unless provided otherwise:
- The first mediation session costs 907.5 euro (750 euro + 21% vat), to be divided among the parties. This fixed sum covers the preparation of the case as well as the mediation session with the mediator and the travelling expenses, outward and return, for a distance of up to 100 km. The parties shall send all useful documents and information to the mediator so that he can prepare the mediation procedure.
- If the trip exceeds 100 km for the first session, a surcharge of 1.21 euro/km (21 % vat included) will apply for each additional km, travelling time included.
- When a second mediation session is required, an hourly fee of 181.5 euro/hour (150 euro + 21% vat) is applied.
- Travelling expenses for additional mediation sessions cost 1.21 euro/km (1 euro + 21% vat), travelling time included.
These sums are applicable for every intervention before, during or after the mediation meeting.
In case of technical mediation, the same fees are applied for technical tasks or assessments (preliminary technical reports, measurements or other expert tasks) if they are limited in time.
An estimate will be drawn up for possible additional assessment tasks or if additional technical opinions are asked (from external consultants). The fees will be divided evenly among the parties.
Languages of the mediation procedure: Dutch
Flanders and Brussels
Prerequisites for access
- You have tried to solve the dispute directly with the company, to no avail.
- You can take action as a private individual or as a professional (natural person or legal entity).
How does it work ?
Engineer-architect Stefan Vantilt is a court expert in construction cases. He is certified by the federal mediation commission in civil and commercial cases.
He regularly works as an expert at the request of private individuals, companies, courts and associations such as the Construction Reconciliation Commission and the ‘EAO’ arbitration organisation (Europese Arbitrage Organisatie).
Stefan Vantilt is also a member of the professional associations for experts ‘NCDAB’ (Nederlandstalig College van Deskundigen Architecten van België) and ‘KRID’ (Kamer van Geregistreerde Ingenieurs-Deskundigen).
In a mediation procedure, it is the parties themselves that try to find a solution, as opposed to a legal procedure where a judge imposes a solution to the parties. In other words, mediation is an out-of-court dispute resolution procedure.
Mediation is therefore a voluntary and confidential procedure. A mediation protocol, which is signed by all the parties before the mediation procedure starts (see mediation protocol), defines its framework and its rules.
The mediator acts as a neutral third party in order to facilitate communication between the parties. After having analysed the themes to be discussed, he will help the parties to find solutions that meet their concerns, with a view to writing an agreement that can be approved by a court if required by the parties.
only available in Dutch)