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This does not mean that an approved mediator is more skilled or that it is mandatory to appeal to an approved mediator.
- The act of 21 February 2005 (in French or in Dutch) makes provision for this approval
- The approval also makes it possible to obtain the ratification of a mediation agreement (which an unapproved mediator cannot do), that is, to make a Justice of the Peace sanction it. It has the same force as a judgement and becomes mandatory. This step is not mandatory and is not useful if the parties carry out what was decided without causing any problem..
- You can find an approved mediator on the website https://www.cfm-fbc.be/fr/mediation (in French or in Dutch)
For which problems
There are four types of approved mediators:
- for civil or trade disputes (as on this platform);
- for social disputes (e.g. problems with your employer);
- for family disputes (e.g. divorce with asset division);
- for two or three of the categories mentioned above.
There is always a fee to pay, which varies from mediator to mediator. The law provides that the parties and the mediator must determine beforehand the mode of calculation and the rate of the mediator’s fee, as well as the payment modalities.
How does it work
Usually, it is enough to contact the mediator, who will ask the parties to approve and sign a sort of contract that officially entrusts him with a mediation task. In case of failure, the parties can always try arbitration or take the matter to a court.
There are no rules defining the procedure to follow.