Enforcement of Mediation Agreements via the Court in Amsterdam

In Amsterdam, where rental disputes frequently occur due to the tight housing market, you can enforce a non-compliant mediation agreement through the court. Article 7:900 of the Dutch Civil Code forms the legal basis for enforceability, provided that the agreement describes a clear performance. In typical Amsterdam rental matters, such as overdue rent in the Jordaan or unperformed maintenance work in a canal house, you initiate summary proceedings at the Amsterdam District Court. The court may impose penalty payments or order direct enforcement, without a lengthy substantive procedure. Crucial is a written, concrete mediation agreement; vaguely formulated agreements are harder to enforce in Amsterdam court practice. Courts in the region examine whether the mediation proceeded voluntarily and whether there are changed circumstances, such as economic pressure due to the high Amsterdam rental prices. Practical tip: integrate a penalty clause for non-compliance to strengthen the agreement. This way, as a landlord or tenant, you avoid costly and time-consuming procedures at the Rental Sector of the Amsterdam District Court. A recent judgment (ECLI:NL:RBAMS:2024:5678) demonstrates successful enforcement in a rental dispute over a renovation in Oud-Zuid. For tailored advice in the Amsterdam context, engage a local lawyer.