Between court and dialogue: why judicial mediation remains useful and surprisingly effective
Legal proceedings often seem like the start of a legal battle. But even when the case is already before the court, mediation remains a full and constructive route. Even more: on the initiative of the judge or the parties themselves, a conscious choice can be made during the process to restart the conversation, in full confidence. Stefanie Claeys and Gregory Vermaercke, accredited mediators at NOMA, explain why, even in the midst of proceedings, it pays to opt for timely judicial mediation.
What is judicial mediation?
Earlier you could read about the advantages that mediation offers to business owners and governments compared to traditional proceedings, from quicker solutions to more support and discretion. Less well known is that mediation also remains possible once the proceedings are already pending before the court. This judicial mediation can be requested by one or both parties, or at the court's suggestion. And even then the core principles remain: voluntariness, confidentiality and neutrality.
This is how mediation during court proceedings works in practice
During a judicial mediation, you as a business owner or public authority are not required to reach an agreement. The mediation process is supervised by a licensed mediator, in a safe and closed context, separate from the debate in court. Everything discussed remains strictly confidential and cannot later be brought into the proceedings.
In the meantime, the proceedings are paused: the case is referred to the roll so that consultation is given the necessary space. If an agreement is reached, it can be ratified by the court. If it fails, the case is simply resumed.
Judicial mediation is not a detour, but a valuable intermediate station where often faster and more workable solutions are found that remain just out of reach in court.
Why choose mediation during court proceedings?
Court proceedings do not preclude consultation. On the contrary: even at that stage, mediation can lead to a workable solution. The initiative may come from the judge or from one of the parties, and often leads to an initial exploratory conversation under the guidance of a licensed mediator.
“Once the parties can explain their positions in a calm, defined context, the tone often changes noticeably,” says Stefanie Claeys, certified mediator at NOMA. "The proceedings pause for a moment, but the conversation gets moving again. What was previously at a standstill gains space. Even a stalled file can take a different turn through mediation, towards clear agreements and supported solutions."
Advisory Council for Permit Disputes: request mediation as early as possible
Mediation also remains possible at the Council for Permit Disputes. In a recent consultation with the Order of Flemish Bars (OVB), the Council stressed the importance of a timely request. Waiting until the hearing is not recommended: the earlier the request, the greater the chance of constructive consultation.
An early mediation process gives parties the opportunity to resolve their dispute outside the formal procedure. At the same time, it contributes to a more efficient distribution of workload at the Council. The message is clear: if you bet on consultation, it is best to do it from the start.
Mediation remains a powerful compass, even during legal proceedings
Whether it's a licensing dispute, a business dispute, or a professional partnership that has broken down: court proceedings need not block consultation. Judicial mediation provides breathing room, restores trust and enables solutions that a judgment rarely provides.
NOMA's accredited mediators guide you through every stage of the mediation process: from drafting a reasoned request to supervising the entire process, with an eye for discretion, results and mutual respect.
Are you considering mediation during ongoing legal proceedings? Our attorneys will be happy to receive you for an exploratory meeting in Brussels, Bruges or Kortrijk. Get in touch.
Looking for dedicated lawyers?
NOMA's team is ready to assist you with expert advice and customized guidance in a confidential setting!
Feel free to contact us for a personal consultation at our offices in Brussels, Bruges or Kortrijk.
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