Mediation

What is mediation?

Mediation is conflict resolution with an independent mediator. Not a judge issuing a ruling, but a joint search for a solution both parties can support.

The mediator is a neutral facilitator. You and the other party remain responsible for the outcome yourselves, which makes a tailored solution possible.

How does a mediation process work?

Mediation often consists of one or a few sessions in which you get to the heart of the dispute together. Both parties actively think along about solutions; that often leads to an arrangement that takes each other's interests into account, not just what the law minimally requires.

We start with an intake: who is involved, what is the dispute, does mediation fit? After that we agree on the process, the fee and the planning.

Confidentiality

Confidentiality is essential. What is discussed in mediation may not simply be shared with third parties by the mediator. That confidentiality makes it possible to speak openly without fear that your words will later be used against you in proceedings.

There are statutory limits, for example around criminal offences, but within mediation the rule is: what you share stays in the room unless you agree to put it in writing.

Voluntariness

No one can force you to take part in mediation. Even during the process, you or the other party can stop as soon as you notice it isn't working.

Accepting an outcome is likewise voluntary. Only once both parties agree do we record the arrangements, for example in a settlement agreement or a commercial settlement.

When does mediation fit?

Suitable for workplace conflicts, business disputes, shareholder disputes, conflicts between managers and teams, and tension within management or the works council.

Not every dispute lends itself to it. In the event of looming bankruptcy, fraud, or when one party is unwilling to talk, proceedings may fit better. We give you an honest assessment of what is realistic.

Advantages over litigation

Mediation is often faster and cheaper than a court case. You retain more control over the outcome and, where relevant, over the relationship with the other party.

In labour law, that can mean: restoring the working relationship, a clean exit with a settlement agreement, or arrangements about role and mandate. In corporate law, the emphasis is on commercial feasibility.

Limits of mediation

The mediator does not force a solution. In a deadlock, the process ends, and the parties can still go to court.

We discuss in advance whether we can also act as your lawyer after mediation. Sometimes separating roles is necessary to avoid a conflict of interest.

Workplace conflicts

Conflicts between employer and employee, between colleagues, or between a director and a shareholder are common. Mediation can help before dismissal, suspension, or full court proceedings become unavoidable.

We know the routes: dismissal, a settlement agreement, a non-compete clause and works council procedures. Arrangements reached in mediation connect to those routes.

Corporate and shareholder disputes

In shareholder disputes, a deadlock within a private limited company, or conflicts over management and the articles of association, you often want the company to keep running, not merely to win the legal argument.

Mediation creates room for exit arrangements, share purchases, redistribution of duties or temporary governance arrangements. See also corporate law.

Why Sørensen Advocaten as mediator

We combine MfN registration with in-depth knowledge of labour and corporate law. That means: no theoretical solutions that later collapse legally, but arrangements that hold up.

Several of our partners and lawyers are both mediator and litigator. That dual background helps when a dispute is complex.

From mediation to proceedings

If mediation does not succeed, we can, where possible and appropriate, represent you in follow-on proceedings. We discuss that in advance, so you know where you stand.

Sometimes we refer you to a fellow mediator when we would otherwise need to act as your lawyer afterward.

Practical approach and costs

After the intake, we schedule one or more sessions, often a few concentrated hours at a time. We agree transparently on the fee and its division between the parties before we start.

Get in touch via contact or call +31 10 249 24 44 for an initial conversation.

Mediation and the court

The court can sometimes require parties to try mediation before full proceedings continue, depending on the rules and the court involved.

Even without that requirement, many parties voluntarily choose mediation because it is faster and better for the relationship.

The role of a lawyer alongside the mediator

You may bring in legal support during mediation. That helps when arrangements have labour-law or company-law consequences.

We sometimes support clients as an adviser alongside an external mediator; sometimes our own mediators conduct the process themselves.

Recording the arrangements

A successful mediation ends with a written arrangement: a settlement agreement or a shareholder resolution.

We make sure those documents are legally enforceable and match what the parties agreed verbally.

Mediation in practice at Sørensen

Yvonne Sørensen is a registered MfN mediator alongside her legal practice. The team combines mediation with in-depth knowledge of dismissal, reorganisations and shareholder disputes.

Clients value that the arrangements not only work relationally, but also hold up once implementation begins.

Schedule a conversation

Not sure whether mediation fits your situation? Call +31 10 249 24 44 or use the contact form. We discuss confidentially whether and how a process can start, with no obligation to continue.

Online and in person

Mediation can take place at our office in Rotterdam, at a neutral location, or online. We choose what fits the parties, confidentiality and travel distance.

Hybrid sessions are possible when parties are located in different regions.

Mediation versus negotiation

Negotiation between lawyers alone can work when interests are clear and emotion is low. Mediation adds structure and neutrality when communication has stalled.

We give you an honest assessment of which route leads fastest to a workable arrangement.

Costs and division

The parties agree on mediation costs in advance, often split equally, sometimes differently when that helps progress. Transparency prevents discussion afterward.

Compare the cost with full proceedings and months of uncertainty: in many matters, mediation is the more efficient investment.

Get in touch for an intake; we outline the process, duration and fee before you say yes.

Mediation and workplace conflict

Mediation fits dismissal, performance, non-compete clauses or a works council conflict when the parties still want to talk. We guide the process as mediator or as lawyer alongside the mediator, depending on what you need.

Online and hybrid mediation

Conversations by video call are now common. We guide hybrid sessions when parties are in different cities but still want to reach a settlement.

When do you need a lawyer?

When you and the other party want to resolve a dispute without going straight to court, and are open to a conversation.

Our approach

Structure, neutral guidance and a focus on workable arrangements that fit labour or corporate law.