What is a mediation covenant in Amsterdam?
A mediation covenant is a written settlement agreement arising from mediation in Amsterdam. Partners from the capital record their agreements here on matters such as asset division, spousal support, child support, and child care arrangements. It provides an amicable solution for divorces or family disputes and can serve as the basis for divorce proceedings at the Amsterdam District Court. Learn how this fits into Amsterdam family law.
Definition and explanation of the mediation covenant in Amsterdam
In family law, mediation is essential for Amsterdammers to resolve disputes without court intervention. The mediation covenant is the outcome: a binding agreement in which both parties voluntarily document their arrangements. Unlike a unilateral declaration, this is a mutual settlement agreement, prepared under the neutral guidance of a mediator.
Mediation is gaining popularity in Amsterdam due to the high costs of litigation, confidentiality, and improved communication between ex-partners. The covenant covers financial, practical, and relational aspects. Example: Amsterdam couple A and B assigns the apartment in the Jordaan to A, while B pays €550 in child support.
Legal basis
The foundation lies in the Dutch Civil Code (DCC) and Code of Civil Procedure (CCP). Relevant provisions:
- DCC Article 7:900-907: Renders the settlement agreement binding upon signing, terminable in cases of error, fraud, or unforeseen circumstances.
- CCP Article 811: Requires a mediation statement from the mediator upon success to support the covenant.
- DCC Book 1, Article 1:160: The covenant can be converted into a divorce settlement, ratified by the Amsterdam District Court for enforceability.
For children, the Youth Act and DCC Article 1:251 (parenting plan) apply, prioritizing the child's best interests in this vibrant city.
How is a mediation covenant created in Amsterdam?
The process involves these steps:
- Intake: Select an MfN mediator in Amsterdam and sign the mediation agreement, often via the Juridisch Loket Amsterdam.
- Sessions: Meetings to identify interests and develop solutions tailored to local challenges like housing shortages.
- Drafting the covenant: The mediator prepares a draft; partners review and revise it.
- Signing: Parties sign, with optional input from Amsterdam lawyers.
- Homologation (optional): Application to the Amsterdam District Court for an enforceable title.
In Amsterdam, this typically takes 3-6 months and costs €120-€220 per hour, shared between partners.
Contents of a mediation covenant
Standard elements:
- Personal and relationship details.
- Financial arrangements: asset division, inheritances, pensions.
- Support obligations per Trema norms.
- Parenting plan: schedules, holidays in and around Amsterdam.
- Clauses on confidentiality and modifications.
Amsterdam practice example: Mother has primary care of the children, father pays €850 in support. Apartment in De Pijp is sold, with proceeds divided 55/45. Non-compliance leads to collection via a local bailiff.
Rights and obligations under a mediation covenant
Rights:
- Withdraw until signing.
- Consult a lawyer, with free initial advice at the Juridisch Loket Amsterdam.
- Obtain enforceability from the Amsterdam District Court.
Obligations:
- Fulfill the agreements; penalties for breach.
- Act in good faith (DCC Article 6:248).
- Prioritize the child's best interests.
Comparison: mediation covenant vs. divorce settlement
| Aspect | Mediation Covenant | Divorce Settlement |
|---|---|---|
| Legal status | Settlement agreement, binding upon signature | Ratified by the court (DCC Article 1:160) |
| Enforceability | Via proceedings at Amsterdam District Court | Direct upon divorce |
| Process | With mediator | With lawyers and court |
| Costs | Lower (€2,500-€5,500) | Higher (€6,000+) |
| Confidentiality | High | Low (partly public) |
Read more about mediation in divorce proceedings in Amsterdam. Related: divorce settlement and parental authority.
Frequently asked questions
Is a mediation covenant legally binding in Amsterdam?
Yes, as a settlement agreement (DCC 7:900). It is binding until set aside by the Amsterdam District Court; enforcement is possible upon non-compliance.
Can I modify a mediation covenant later?
Yes, in cases of changed circumstances such as unemployment, via negotiation or court (DCC Article 7:902). The child's best interests take precedence.
What if one party does not cooperate?
Mediation ends; proceed to the Amsterdam District Court. The mediation statement demonstrates good faith.
Do I need a lawyer for mediation in Amsterdam?
Not required, but consult the Juridisch Loket Amsterdam for review. Many mediators offer lawyer allocation services.
Tips and recommendations for Amsterdammers
- Select an MfN-certified mediator via the Mediation Federation or local networks.
- Start at the Juridisch Loket Amsterdam for free advice.
- Consider the Municipality of Amsterdam for civil registry matters in divorce.
- Account for high Amsterdam housing costs in your agreements.