Originially from: World Arbitration and Mediation Review (WAMR)

Global Trends in Mediation
by
Nadja Alexander
Editor, International Mediation
(1)
Mediation in the Netherlands1
1. Introduction
The Anglo-American term “mediation” first surfaced in the Netherlands in the early
1990s and has become part of Dutch (legal) language since. This does not mean that mediation,
as a mode of dispute resolution was hitherto unknown in the Netherlands. Mediation, as a
process of third-party-assisted bargaining, had existed for several centuries, albeit under different
Dutch wordings, such as bemiddeling, verzoening, conciliatie or (sometimes) comparitie.2 These
methods of dispute resolution were commonly practiced as a side-activity by judges, mayors, or
other functionaries, using their intuition, experience of life, or mere authority.
So what is so “modern” about modern mediation? In modern mediation, the techniques
have been systematized and refined on the basis of experimental, predominantly American
research.3 The benefits of “principled bargaining”—focussing on interests—have been analyzed
and practical insights have been accumulated. On this basis, mediation has changed into a
professional activity: mediators must demonstrate that they master the new body of expert
knowledge, they must be certified, and they are presumed to know how to navigate on the basis
of their expertise. They must be associated with professional bodies that monitor quality and
guarantee status. Another novelty is the institutional place of mediation. Modern mediation is
propagated by specialized mediation agencies, which are increasingly annexed to the courts.