The new NAI Mediation Rules meet the needs of the market
The New NAI Mediation Rules mark an important step in the further professionalisation of business mediation in the Netherlands. With new model clauses, a carefully selected pool of mediators and close links to arbitration and binding advice, the Netherlands Arbitration Institute (NAI) offers companies a robust alternative to lengthy proceedings.
The rules respond to a clear need in the market: fast, expert and confidential dispute resolution while maintaining the commercial relationship, under the guidance of experienced, proactive business mediators.
Enforceable mediation and specialised mediator pool
In response to developments in case law, two new model mediation-arbitration clauses have been developed. One variant makes mediation mandatory and the other makes it optional. The mandatory variant is legally enforceable. The parties undertake to cooperate in the appointment of a mediator and to attend at least one joint session. Experience shows that such mediations often lead to a solution.
Another new development is the NAI Mediator Pool. This consists of 17 highly experienced business mediators from the Netherlands and abroad, selected on the basis of their expertise, experience in complex commercial disputes and a proactive approach. Quality and customer satisfaction are actively monitored.
The new regulations have been brought into line with international developments in the field of business mediation. For example, the mediator now has the option of proposing solutions where appropriate, and mediation can take place entirely online.
Integration with arbitration and binding advice
A distinctive feature of the new mediation rules is their seamless integration with other NAI services, such as arbitration and binding advice. If the entire dispute cannot be resolved through mediation, partial disputes can be resolved during mediation through arbitration and binding advice.
In addition, parties can enforce a settlement agreement reached through short, urgent arbitration. This increases international enforceability and offers extra security in cross-border transactions.
Would you like to know how to include the NAI mediation clause in your contracts? View the model clauses and the Mediation Rules 2026 on our website.
