What is the state of mediation quality in the Netherlands? New research by the Scientific Research and Data Centre (WODC) provides further insight into this. The picture is positive, but also nuanced: users generally value mediation, whilst relatively little is known about various aspects of its quality and effectiveness.
Users positive about mediation
The research shows that users are generally satisfied with the mediation process, the mediator and the outcome achieved. Users also feel that they are well informed. Moreover, just over half believe that mediation is cheaper than taking legal action.
One striking finding concerns the outcome of mediation: in 56 per cent of the mediation processes examined, users reached partial or full agreement.
That percentage does, however, require some qualification. The WODC study covers mediation in the Netherlands in a broad sense. The figure cannot therefore be taken at face value as the success rate of commercial mediation.
At the same time, the study shows that sufficient information is not yet available on all aspects of the quality of mediation. For example, more knowledge is needed regarding the clarity, suitability and sustainability of agreements reached during mediation. Furthermore, there is still insufficient information regarding the legal quality of the final outcome.
Expertise and quality at the heart of the process
The mediators interviewed for the study emphasise the importance of providing good information, the mediator’s conduct and substantive expertise. At the same time, they perceive varying standards of quality within the current mediation sector. As a result, it is not always clear to users how they can assess the quality of mediation and mediators.
This is a key area of concern for commercial disputes. Significant financial and commercial interests may be at stake, and it is not just the process that matters. The quality and enforceability of the agreements reached also deserve attention.
That is why the NAI is committed to the further professionalisation of commercial mediation. The new NAI mediation regulations have been in force since 1 March 2026. These regulations provide, amongst other things, for new model clauses on mediation and arbitration and a carefully curated pool of experienced commercial mediators. Mediation within the NAI is also aligned with arbitration and binding advice.
The new WODC study thus makes a relevant contribution to the further development of mediation in the Netherlands. At the same time, it underlines the importance of expertise, quality assurance and further research into the actual effects of mediation.
Interested in the WODC report? Read it here.
The NAI has recently published new NAI mediation rules, which focus on the quality of the mediator and the mediation process.
Which mediation does the NAI offer?
