No, such consent is not required. However, in some cases, it is advisable to consult the NAI in advance, particularly when the possibility of using arbitration as a method of dispute resolution is being considered in cases where mediation does not lead to complete agreement.
The costs of NAI Mediation are specified in the Mediation Rules and consist of a fixed amount for administration costs and a variable amount for the fees and costs of the mediator.
The administration costs are calculated according to financial interest, based on a scale. The scale runs from EUR 400 (interest of less than EUR 50,000) to a maximum of EUR 10,000 (interest of more than EUR 50,000,000).
The mediator’s fees are determined on the basis of three criteria: the time that the mediator spent on mediation, the monetary interest of the mediation proceedings and the complexity of the case. In practice, account is taken of the number of hours that the mediator spent on the case and the hourly rate that the NAI agreed with the mediator involved. The arrangements are made pursuant to the hourly rates set by the Executive Board. This hourly rate cannot be negotiated and neither can it be negotiated between arbitrators and the parties. The costs may include the costs of renting space for the meeting(s) and the mediator’s travel expenses.
The duration of mediation fully depends on the nature of the dispute and the willingness of all parties to reach a speedy resolution of the dispute. The NAI Mediation Rules are tailored to fast proceedings and aim to provide the parties and the mediator with the necessary help. The progress of the mediation is followed closely by the NAI.
This question is sometimes asked by interested third parties, such as reporters. However, in view of the confidential nature of NAI mediation, the NAI Secretariat cannot answer this question, whether in the affirmative or the negative.
Yes. The rules can be applied in both national and international mediations and contain regulations for the language in which the mediation is conducted. An English translation of the Rules is available for mediations with foreign parties.
Frequently asked questions about the Netherlands Arbitration Institute
For more in depth knowledge, a list with recommended literature is available