Independent and professionally organised mediation
The NAI administers commercial disputes under the NAI Mediation Rules. We process mediation requests expeditiously so that a mediator can be appointed and an initial session scheduled at short notice.
The procedure is confidential. Information from the mediation is not shared with third parties. The parties remain in control of the solution; the outcome is set out in a binding settlement agreement.
Quality | the NAI Mediator Pool
Finding a suitable business mediator is not easy. That is why the NAI has put together a Mediator Pool of experienced business mediators from the Netherlands and abroad.
The selected mediators are demonstrably active in business practice (at least ten business mediations per year) and have relevant expertise. In this way, the NAI guarantees quality and experience.
Appointment of the mediator if the parties cannot reach an agreement
In principle, the parties jointly select a mediator from the Mediator Pool. In special cases, a mediator from outside the pool may be appointed.
If the parties fail to reach an agreement, the NAI will apply a list procedure. The NAI will propose three suitable mediators from the Mediator Pool. The parties may then number the mediators in order of preference. They may also cross out names to which they have serious objections. The NAI will appoint the mediator on that basis.
Speed and cost control
Business mediation usually takes several weeks to several months. In some cases, a solution is reached within a single day.
By way of comparison:
- Arbitration at the NAI has a median turnaround time of approximately 12 months.
- High-value proceedings before the civil court take approximately two years in the first instance, with a further two years or so in appeal.
For businesses, mediation therefore often means considerably less time wasted, lower costs and less disruption to commercial relations.
Customisation and combination with arbitration
Mediation offers scope for customisation. Parties can organise the procedure flexibly and tailor it to their dispute.
If certain sub-disputes are not suitable for mediation, the NAI Rules offer the option of settling them through (urgent) summary arbitration. This allows parties to combine mediation and arbitration within a single institutional framework effectively.
Specialised sector mediation
In addition to standard NAI mediation, there are specialised mediation services for specific sectors and/or areas of focus:
The Hague Court of Arbitration for Aviation (Hague CAA) international institute (co-founded by the NAI) for arbitration and mediation in the aviation sector. It was co-founded by the NAI in 2022 to meet a niche need for efficient, expert and neutral dispute resolution in this complex and highly regulated industry. Visit the Hague CAA website for more information.
The Court of Arbitration for Art (CAfA) a specialised institute in The Hague for disputes in the art world, including authenticity, ownership, and contractual issues.
Healthcare sector: mediation, binding advice and Arbitration under the Healthcare Contracting Covenant, drawing on industry expertise.
