The quiet child of the legal brood is the transactional lawyer. They are a group that offer hidden wells of future development for mediation. This group of lawyers has extensive and close ongoing relationships with the individuals clients–the people who work in corporate, government and commercial clients. Transactional lawyers are the ones who document their clients’ new and optimistic contracts, leases purchases or other agreements. They design agreements and arrangements to keep their clients out of trouble, keep the agreement on the rails, and productive to the parties throughout the life of the agreement. It is the transactional lawyer who inserts dispute resolution clauses in the agr [...]
Promotion and legislation on mediation in The Netherlands
Machteld Pel, Pelmediation
I would like to present an update about the promotion and legislation on mediation in the Netherlands and the possible influence of promotion and regulation on the use of mediation.
Since the end of the nineties, the promotion of ADR has been an active part of the Dutch judicial policy. The four main goals in promoting ADR were: out-of-court resolution of disputes; attaining the best quality or the most effective way of settling disputes; the realisation of various forms of access to justice that make the parties primarily responsible for dispute resolution; and, lastly, less pressure on the judicial system. [...]