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Ten Benefits of Mediation

Speed, lower costs, discretion, creativity, ...: compared to a judiciary solution, mediation has many advantages for resolving labor law disputes. Here are 10 of them!

1

Speed of dispute resolution

A procedure before the labor court lasts on average 18 months (excluding appeal), mediation between 2 and 4 months! Mediation therefore allows conflicts to be resolved much more quickly than legal proceedings, thus avoiding long periods of uncertainty for both parties.

2

Reduced costs

The costs associated with mediation are almost always lower than those of a legal dispute, which is advantageous for both the employer and the employee. The costs of mediation are clearly announced by the mediator at the first meeting and are in principle shared by the parties at the end of the process.

3

Confidentiality

The mediation process is strictly confidential, which protects the reputation of the parties and prevents public disclosure of the issues discussed. What is said in mediation can never be used in court and both the lawyers and the mediator are subject to criminal sanctions if they violate this obligation.

4

Preservation of the (working) relationship

By promoting dialogue and mutual understanding, mediation helps to maintain or restore a healthy working relationship, when this relationship is still ongoing. If the working relationship has already ended, mediation allows the parties to experience a more peaceful separation.

5

Control of the parties over the result

The mediator does not "settle" the dispute and never proposes a solution: he only facilitates communication and understanding between the parties. The parties involved - and their lawyers - have an active role in finding the solution, which gives them 100% control over the outcome of the conflict.

6

Flexibility of solutions

Mediation allows for the development of creative solutions adapted to the specific needs of the parties, beyond what a court could order. For example, in mediation, in addition to the purely financial aspects, it is possible to obtain recognition of the work accomplished, recommendations, moral compensation, etc.

7

Reduction of stress and tension

The informal and collaborative setting of mediation significantly reduces the stress and tension often associated with legal proceedings. The mediator welcomes the parties in a pleasant, calm setting and ensures throughout the process that the exchanges are cordial and measured.

8

Legal compliance

Belgian law encourages the use of mediation in labour disputes. The mediation agreement, signed by an approved mediator, has the force of a judgment and can be approved by the court. Mediation is strictly regulated by the Judicial Code and the Code of Ethics for Mediators.

9

Avoiding Negative Publicity

By resolving the conflict privately, companies avoid media exposure that could harm their image.

10

Improving communication

Mediation promotes better communication between parties, which can prevent future conflicts and improve the work environment.

Let's work together!

Are you a party in conflict or the lawyer of a party in conflict? Mediation may be the best solution to resolve your situation. Contact me to discuss it, confidentially and without obligation.

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