Voluntary Mediation in Administrative Law Amsterdam

Voluntary Mediation in Administrative Law for Amsterdammers

Voluntary mediation administrative law Amsterdam is an informal method of alternative dispute resolution. Parties in a conflict with the Municipality of Amsterdam or other government bodies, such as over permits or benefits, work under the guidance of a neutral mediator toward a joint solution. Unlike proceedings at the Amsterdam District Court, this process is quick, flexible, and focused on sustainable agreement.

What does voluntary mediation in administrative law involve?

In administrative law, government decisions play a major role, such as a rejected building permit for a house on the canal, termination of a social welfare benefit, or a traffic fine. With voluntary mediation administrative law in Amsterdam, you can reach an agreement without a judge. It is voluntary: both the citizen and the administrative body, such as the Municipality of Amsterdam, must consent. The mediator facilitates the discussion neutrally, without binding judgments.

This differs from mandatory hearing stages in objection proceedings. Mediation can be used at any stage: before objection, during objection, or afterward, provided both parties cooperate. It builds on mediation in objection proceedings, where the administrative body must propose it.

Legal basis for voluntary mediation in Amsterdam

The core is found in the General Administrative Law Act (Awb), specifically Article 7:10a Awb. This requires informing the citizen about mediation upon receipt of an objection. Participation remains voluntary; coercion is not allowed. Article 8:15 Awb governs settlements in appeals at the Amsterdam District Court.

Mediation can also occur outside the Awb, through covenants or the Dutch Mediators Quality Act. The Amsterdam District Court and the National Forum on Administrative Law Expertise (LOVIB) actively promote it for more efficient handling in the city.

Advantages and disadvantages of mediation in Amsterdam

In Amsterdam, with its ongoing relationships between citizens and the Municipality of Amsterdam, mediation shines. See the comparison:

Disadvantages: success not guaranteed (about 70% succeed) and no appeal if it fails.

The course of a mediation process in Amsterdam

Standard steps:

1. Intake: Separate registration with the mediator; suitability check (no violence or power imbalance).
2. Screening: Assessment of voluntariness and core interests.
3. Opening meeting: Jointly set goals and establish rules (confidentiality, neutrality).
4. Sessions: 3-5 meetings of 2-4 hours, mix of plenary and private.
5. Agreement: If successful: mediation agreement, often enforceable at the Amsterdam District Court.
6. Closure: If unsuccessful? Proceed with formal procedure.

Practical examples of mediation in administrative law Amsterdam

Example 1: Building permit. The Municipality of Amsterdam refuses a permit for a dormer on a canal house. After objection, Article 7:10a Awb offers mediation. In three sessions: compromise with adjustments to heritage rules. Time saved: two years at the Amsterdam District Court.

Example 2: Social welfare benefit. An Amsterdam resident faces a repayment demand from the municipality. Mediation resolves misunderstandings; arrangement for repayment. Future interactions smoother.

Example 3: Environmental permit. Neighbors' dispute over a terrace in the Jordaan. Voluntary mediation outside proceedings leads to harmony and a neighborhood plan.

Rights and obligations in mediation in Amsterdam

• Rights:
  • Freely participate or withdraw (no pressure).
  • Confidentiality: not usable in proceedings (Article 7:10a(3) Awb).
  • Free advice or mediation via Amsterdam Legal Aid Office or legal aid insurance.
• Obligations:
  • Good faith: openness and honesty.
  • Share costs (or subsidized by Municipality of Amsterdam).
  • Implement agreement, otherwise enforceable.

Frequently asked questions