Mediation process:

01 Application form

Download and complete this form.

 

Download here

02 Choice of a mediator
  • bMediation will suggest 3 names of accredited mediators called bMediators. We select the bMediators taking into account the case at hand (matter, location, knowledge of languages, etc.)
  • Parties agree upon the accredited mediator of their choice
  • In the absence of agreement between the parties, bMediation will appoint a bMediator.
03 Billing and payment

Rates Administrative fees / Packages
Flat fees
from 0 à 35.000€ 250  € 750€ (maximum 5h)
from 35.000 to75.000€ 500 € 1.500€ (maximum 8h)
Services
Administrative costs: 500€
from 75.000 to 500.000€ 100€/h per party
from 500.000 to 1.000.000€ 120€/h per party
over 1.000.000 € 160€/h per party

*”Party” means any natural or legal person who has a different interest from other persons involved and who, as such, can be represented by a lawyer.

04 Mediation Protocol and 1st mediation session

A mediation protocol is an agreement between parties and the mediator, in which they agree upon the rules of the mediation and the fundamental principles of the mediation process. The mediation protocol also contains a brief description of the dispute as well as of the fees and the payment method. It summarises the main aspects of the dispute as well as the “ground rules” of mediation.

05 Mediation agreement and counterparts

When parties come to an agreement, a mediation agreement is drafted by the bMediator and/or the parties’ counsel. The mediation agreement is signed by all parties and by the bMediator. In case one of the parties does not perform under the agreement voluntarily, one of the parties can file for homologation of the mediation agreement with the court. As a result, the mediation agreement becomes enforceable.

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Evidence of parties having followed a mediation

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I insert a mediation clause in my terms and conditions

We advise inserting in your contracts your commitment to proposing the use of mediation as a prerequisite for any management of a dispute through judicial proceedings.

Examples of mediation clauses:

1. In the event of a dispute between the parties relating to the validity, interpretation or execution of the present agreement, which could not be resolved amicably, the parties agree to attempt to resolve their dispute through the use of mediation in accordance with the mediation rules of bMediation (www.bmediation.eu, 500 avenue Louise, 1050 Brussels).

2. In the event of a dispute between the parties relating to the validity, interpretation or execution of the present agreement, which could not be resolved amicably, the parties agree to attempt to resolve their dispute through the use of mediation in accordance with the mediation rules of bMediation (www.bmediation.eu, 500 avenue Louise, 1050 Brussels).Mediation will begin no later than [15] days after the request for mediation notified by a party to the other party [ies] and the duration of mediation may not exceed [15] days, unless expressly agreed by the parties.

Choice between:

In the event of failure of mediation, the parties shall submit the dispute to arbitration, in accordance with .............................................
In the event of failure of mediation, only the courts of ...................... will be competent.

You can also insert a request for mediation in all of your summonses, for example:
The petitioners propose that mediation be undertaken. They therefore seek that at the introductory hearing the parties be referred before a court mediator, with remainder of the case being postponed to a date scheduled in accordance with Article 1734, §2 of the Judicial Code subject to Article 735 of the same code.

Our mediators (label bMediator)

Being a certified mediator is a guarantee of quality!

There are different accreditation options: that of the Federal Mediation Commission and that of bMediation.

bMediation certification

bMediation certification is necessary to be part of the bMediation group of mediators. To obtain this bMediation certification, the mediator has to have successfully undergone mediator training and in certain cases take an exam. The mediator also has to be part of the bMediation network and contribute to the organisation's objectives.

In order to issue the certification, we will request the following documents:
  • A copy of the certificates of courses followed on mediation (with the number of hours of training) with proof that exams have been passed
  • Your agreement on the bMediation certification requirements
  • The completed fact sheet
  • Proof of civil liability coverage for a minimum of 1,239,468 EUR which covers all your interventions as a mediator (for lawyers, the bar cover also covers activities as a mediator, please double check in case your bar has not subscribed to the framework policy.

 

> Aggregation conditions

> Code of ethics

Federal Mediation Commission accreditation
The Federal Mediation Commission is the competent authority for accrediting mediators. Accredited mediators have to meet strict conditions that guarantee their quality.

For further information, consult the site of the Federal Mediation Commission

Federal Mediation Commission accreditation

The Federal Mediation Commission is the competent authority for accrediting mediators. Accredited mediators have to meet strict conditions that guarantee their quality.
For further information, consult the site of the Federal Mediation Commission