1. What is mediation and the mediation clause
Mediation is a type of alternative dispute resolution in which parties voluntarily endeavour to resolve their dispute with the help of a third party, i.e. a mediator. The parties’ willingness to reach a settlement is paramount to the success of mediation. If the parties do not reach a settlement, the dispute may still be settled in proceedings before an arbitral tribunal or in court. The NAI offers a very general type of mediation.
A mediation clause is a contractual provision inserted into agreements, contracts, or legal documents that stipulates that, in the event of a dispute, the parties involved must attempt mediation before pursuing formal legal action. It serves as a pre-dispute commitment to explore mediation as the first step in conflict resolution. Mediation clauses can be tailored to meet the specific needs and preferences of the parties, including the choice of mediator, mediation procedures, and location.
2. Our mediation services
Mediation proceedings may replace arbitration, binding advice or court proceedings. Having said this, mediation may also be pursued by the parties prior to the escalation of the dispute. An independent and impartial mediator is appointed if all the parties have informed the NAI that they consent to the resolution of their dispute by means of NAI mediation. In principle, the parties jointly appoint the mediator. The parties may also ask the NAI to appoint the mediator via the list procedure.
The NAI acts as the administering body in mediation. The NAI follows the mediation from the moment of the request until the conclusion of the mediation. Independence and confidentiality are important factors. For example, the NAI, as an independent administering body, cannot discuss the content of a case. Moreover, no information regarding NAI mediations is disclosed to third parties.
The mediation may result in (i) full or partial resolution, laid down in a settlement agreement or (ii) no resolution. In consultation with the parties, a settlement agreement may be laid down in an arbitral award on agreed terms.
For a detailed schematic overview of the proceedings, go to section 10 of this page.
3. Aviation disputes & The Hague Court of Arbitration for Aviation
Technical expertise is highly relevant and valued in resolving disputes in certain specialised industries. suited and valuable in resolving disputes in specialised industries. In July 2022, The Hague Court of Arbitration for Aviation (The Hague CAA) launched at the Farnborough International Airshow in service of the global aviation industry.
The Hague CAA is seated in The Hague, the Netherlands. The NAI is a founder of The Hague CAA and the sole administrating body for disputes referred to The Hague CAA for resolution under the arbitration and mediation rules of The Hague CAA.
The Hague CAA offers the global aviation industry deeply specialized arbitration as a fast, fair, flexible and final form of binding dispute resolution conducted before an expert neutral tribunal, in private, pursuant to arbitration rules and procedures specifically tailored to the unique needs of a unique industry.
Please visit The Hague CAA’s website for more detailed information on the proceedings.
4. Art disputes & the Court of Arbitration for Art
A joint initiative of the NAI and Authentication in Art led to the founding of the Court of Arbitration for Art (CAfA). CAfA was founded to resolve disputes in the wider art community through mediation and arbitration.
CAfA is seated in The Hague, the Netherlands. The NAI is a founder of CAfA and the sole administrating body for disputes referred to CAfA for resolution under the arbitration and mediation rules of CAfA.
The cases will be administered by the NAI and will be heard by arbitrators and mediators who are seasoned lawyers and are familiar with industry practice and issues specific to art disputes. For arbitrations in which forensic science and provenance issues arise, which are often at the core of disputes in the art industry, tribunal-appointed experts will provide neutral expert evidence. Through involving leading industry arbitrators, mediators and experts, CAfA aims to increase the quality of the decision-making and the market acceptability of the outcome of disputes. CAfA further aims to provide cost and time efficient dispute resolution services.
Please visit CAfA’s website for more detailed information on the proceedings.
5. Disputes in the Healthcare Sector & Mediation
On Thursday 2 June 2016, several professional and industry associations in the healthcare sector signed a Covenant establishing the Independent Dispute Resolution and Settlement Body for Healthcare Contracting (Onafhankelijke Geschilleninstantie voor Geschillenoplossing en -beslechting Zorgcontractering). The Covenant was then presented to Minister Schippers (VWS) by the signatories. The implementation of the dispute settlement body has been placed with the NAI.
In the context of healthcare contracting, the NAI offers three forms of dispute resolution: mediation, binding advice and arbitration. A major advantage of these forms of dispute resolution is that the dispute mediators/resolvers can come from within the industry itself. They therefore have all the knowledge of a particular field, unlike the government courts. The procedures are faster and cheaper. For more detailed information on the proceedings go to Overzicht Zorgcontractering.pdf (nai-nl.org).
6. Draft a model clause
The NAI offers model clauses to include in your contract. Fill in your preferences and generate your personalized model clause by clicking here.
7. NAI Mediation Rules
The NAI Mediation Rules provide a comprehensive framework for a successful mediation. Click this link for a clear presentation of the NAI Mediation Rules.
8. Submit a request for mediation
NAI mediation is initiated by submitting a request for mediation. A request for mediation can be submitted here (alternatively, a request may be submitted by email). In all cases, please specify the monetary interest of the claims as the NAI requires an estimate thereof for the determination of the NAI administration costs due.
9. Cost of the proceedings
The NAI provides a calculator to estimate costs for an upcoming mediation. This estimation of costs includes the NAI administration costs. The costs of the mediator are difficult to estimate. Having said this, the mediator costs are based on the hourly rate of the mediator which is determined by the NAI in accordance with the below chart.