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Ten Benefits of Mediation

Speed, lower costs, discretion, creativity, ...: compared to legal proceedings, mediation has many advantages for resolving labor law disputes. Here are 10 of them!

Speed

A procedure before the labor court lasts on average 18 months (excluding appeal), mediation between 2 and 4 months. Mediation therefore allows conflicts to be resolved much more quickly than legal proceedings, thus avoiding long periods of uncertainty for both parties.

Reduced costs

The costs associated with mediation are almost always lower than those of a legal dispute, which is advantageous for both the employer and the employee. The costs of mediation are clearly announced by the mediator at the first meeting and are in principle shared by the parties at the end of the process.

Confidentiality

The mediation process is strictly confidential, which protects the reputation of the parties and prevents public disclosure of the issues discussed. What is said in mediation can never be used in court (in the event of the procedure being resumed) and both the lawyers and the mediator are subject to criminal sanctions if they violate this obligation.

Control of the parties over the result

The mediator does not "settle" the dispute and never proposes a solution: he only facilitates communication and agreement between the parties. The parties involved - and their lawyers - have an active role in finding the solution, which gives them 100% control over the outcome of the conflict.

Flexibility of solutions

Mediation allows for the development of creative solutions adapted to the specific needs of the parties, beyond what a court could order. For example, in mediation, in addition to the purely financial aspects, it is possible to obtain recognition of the work accomplished, recommendations, moral compensation, etc.

Reduction of stress and tension

The informal and collaborative setting of mediation significantly reduces the stress and tension often associated with legal proceedings. The mediator welcomes the parties in a pleasant, calm setting and ensures throughout the process that the exchanges are cordial and measured.

Legal solidity

Belgian law and the courts encourage the use of mediation in labour disputes. The mediation agreement, signed by an approved mediator, has the "force of judgment" and can be approved by the court. Mediation is strictly regulated by the Judicial Code and the Code of Ethics for Mediators.

Reputation Protection

By resolving their conflict privately, the parties avoid public or media exposure, which could cause lasting damage to their image.

Success and satisfaction rates

Voluntary mediations result positively in more than 80% of cases. Feedback shows that participants in mediation appreciate contributing directly to the resolution of their dispute, which strengthens their commitment and satisfaction with the process, its results and guarantees the sustainability of the solution.

Reduction of judicial congestion

Finally, by resolving disputes outside the courts, mediation helps to relieve the burden on the judicial system. This benefit not only the parties but also society as a whole. By lightening the burden on the courts, mediation allows judges to focus on more complex cases or those requiring strict legal intervention, thereby improving the overall efficiency of the justice system.

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