Mediation Process for Employers

At Van Opstal & Partners, we assist employers and employees on a daily basis with labor disputes. We do this with experienced MfN-registered mediators who specialize in labor mediation. Our goal is not only to facilitate open discussion of the conflict, but above all to guide the parties toward a workable and sustainable solution.

From the very first contact, you’ll know exactly where you stand. We guide you through the entire process, maintain close communication, and ensure a transparent process in which all stakeholders are carefully involved.

Our Approach

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Step 1 – Registration

Mediation usually begins with a referral from an employer, an occupational health and safety service, a company physician, a legal expenses insurer, or another referring party. Of course, you can also contact us directly. After you register, one of our case managers will contact you to briefly discuss the situation. During this discussion, we will cover topics such as:

• The cause of the conflict; 
• Which individuals are involved; 
• The desired approach to a solution; 
• Any special circumstances, such as illness or ongoing legal proceedings; 
• Practical planning. 

We provide immediate clarity regarding our approach, the expected turnaround time, and the next steps.

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Step 2 – Contacting Both Parties

Before the mediator is brought in, our case manager contacts both the employer and the employee. We believe it is important that both parties are fully aware of the following in advance:

• What mediation entails; 
• What is the mediator's role?; 
• What they can expect from the program; 
• What rules apply during mediation? 

We also discuss whether both parties are willing to engage in mediation. After all, mediation requires commitment from both sides.

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Step 3 – Assignment of an Appropriate Mediator

We select a mediator who is suited to the nature of the conflict, the region, and the specific situation. All of our mediators:

• Is an MfN-registered mediator; 
• They specialize in workplace mediation; 
• Have extensive practical experience; 
• Work independently and impartially; 
• They merely facilitate the process; the parties themselves determine the content of the solution.

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Step 4 – Individual preliminary interviews

The mediator usually begins by holding a brief preliminary meeting with each party separately. These meetings are intended to:

• Let's get to know each other; 
• Answer questions; 
• To discuss expectations; 
• Allowing room for any concerns; 
• Carefully prepare for the joint discussion. 

As a result, the first joint meeting can usually get right to the point.

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Step 5 – Joint Mediation

During the joint sessions, the mediator guides the discussion in a structured manner. First, the focus is on what happened and how both parties perceive the situation. Then, the focus shifts to the future. Depending on the situation, mediation may focus on:

• Restoring cooperation; 
• Improving communication; 
• Agreements regarding reintegration; 
• New work arrangements; 
• Of, wanneer partijen dat gezamenlijk wensen, een zorgvuldige beëindiging van het dienstverband. 

The mediator oversees the process, ensures that both parties are heard, and helps to carefully explore interests, options, and solutions.

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Step 6 – Clear Agreements

When the parties reach an agreement, the terms of the agreement are carefully documented. Depending on the outcome, this may include, for example:

• agreements on cooperation; 
• agreements regarding communication; 
• a plan to restore the working relationship; 
• agreements regarding reintegration; 
• of een vaststellingsovereenkomst wanneer gezamenlijk wordt gekozen voor beëindiging van het dienstverband. 

Clear agreements ensure that both parties know where they stand.

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What can you expect from Van Opstal & Partners?

Wanneer u een mediationtraject met één van onze mediators doorloopt, bent u altijd verzekerd van het volgende:

• Specialist in labor mediation – Labor disputes require specific knowledge of labor relations, communication, and collaboration. That is why we focus exclusively on labor mediation.
• Eén vast aanspreekpunt – Gedurende het traject heeft u contact met een vaste casemanager. Daardoor zijn de lijnen kort en weet u altijd bij wie u terecht kunt.
• Transparent communication – We will keep you informed of our progress throughout the process, within the limits of mediation confidentiality.
• Zorgvuldig én voortvarend – Conflicten hebben vaak invloed op de organisatie, collega’s en de betrokken werknemer. Daarom werken wij zorgvuldig, maar voorkomen wij onnodige vertraging. Een duidelijk proces geeft rust aan alle betrokkenen.
• Nationwide coverage – Our mediators are active throughout the Netherlands. This means we can almost always quickly assign a suitable mediator.
  
  

Working Together to Find a Solution

A workplace conflict does not have to escalate into a long-term problem. By engaging in dialogue with one another early on, there is often an opportunity to resolve the issue, reach clear agreements, or bring the employment relationship to a careful conclusion.

Would you like to know if mediation is right for your situation? Please feel free to contact Van Opstal & Partners. Our case managers would be happy to discuss the options with you.

Frequently Asked Questions from Employers