Is mediation ever mandatory in the Netherlands?
Mediation is, by definition, a voluntary process. No one can be forced into it – and any participant, including the mediator, can end it at any point. That’s one of the key principles that makes mediation effective and respectful.
So how does that align with the idea of mandatory mediation? At first glance, it seems like a contradiction – but there are a few exceptional situations where participation in mediation is strongly advised or even expected by a judge or occupational health expert.
In this article, we explore when mediation can feel mandatory in practice, the legal consequences of refusing it, and why these exceptions exist.
Voluntary – but not always optional?
While most mediations begin voluntarily, there are two main exceptions where the process may carry legal or practical consequences if refused:
- Forensic mediation (forensische mediation)
- Employment mediation advised by a company doctor (bedrijfsarts)
Let’s explore both in more detail.
1. Forensic mediation – court-ordered investigation
Forensic mediation (forensische mediation) is not mediation in the usual sense. It is a court-ordered investigation in family law cases, often used when a judge believes that a legal decision cannot be made without better understanding of the underlying situation – for example in cases involving child custody, access arrangements, or financial disputes after divorce.
In such cases, the court appoints a mediator to carry out what is formally called an expert report using mediation techniques (deskundigenonderzoek met toepassing van mediation).
Key differences from regular mediation:
- Not voluntary: the parties are required to participate.
- Not confidential: the mediator reports directly to the judge.
- Focused on investigation: the primary aim is to help the court understand the context, though resolution may still be achieved.
The mediator has access to all relevant documents, may speak to children, and can schedule sessions without needing approval from the parties. The final report and any agreement are submitted to the court. This form of mediation is rarely used and reserved for complex, high-conflict cases.
2. Employment mediation – strongly recommended by the company doctor
In modern working relationships, conflict between employers and employees is not unusual. These disputes may arise during employment or as a result of long-term sickness absence. When this happens, the occupational health doctor (bedrijfsarts) often plays a central role in assessing the situation.
Under Dutch law the company doctor is responsible for supporting the reintegration of employees during illness. In doing so, they often apply the STECR Work Manual on Employment Conflicts (STECR Werkwijzer Arbeidsconflicten) [1], a practical guideline that outlines steps to restore communication and explore conflict resolution.
The doctor may advise:
- A direct conversation between employee and manager
- A meeting with an internal third party
- Or, when this does not help, engaging an external mediator
Mediation is voluntary – but refusal has consequences
Although mediation is technically voluntary, refusing to take part without a valid reason can have legal and financial consequences for both the employer and the employee.
Consequences for the employer
If an employer ignores the advice of the company doctor without justification:
- The Dutch Employee Insurance Agency (UWV) may impose a wage sanction (loonsanctie), requiring the employer to continue paying wages for a longer period.
- The court may reject a request to terminate the employment contract or order the employer to pay fair compensation (billijke vergoeding) due to negligence.
Insisting on unreasonable conditions – such as using only one specific mediator – may also backfire, as it could be seen as a refusal in disguise.
Consequences for the employee
Under article 7:629 of the Dutch Civil Code (Burgerlijk Wetboek) [2], an employee on sick leave may lose the right to wages if they:
- Obstruct recovery, or
- Refuse to follow reasonable reintegration measures advised by the employer or a recognised expert (such as mediation)
Two examples:
In a 2024 ruling from the Amsterdam District Court [3], the court held that a company had the right to suspend wage payments after the employee refused to participate in mediation – despite the company doctor recommending it multiple times.
The court referred to a decision from the Court of Appeal of The Hague [4], which confirmed that participating in mediation is part of the employee’s reintegration obligations. As a result, the employer’s decision to stop wage payments was upheld.
Five key rules from Dutch case law (STECR Work Manual)
Based on recent case law and the STECR guidelines, five general rules have developed:
- Courts often allow dismissal if mediation has failed.
- Employers who refuse mediation risk higher compensation payments.
- Employees who refuse mediation may lose their job and receive reduced compensation.
- Employees who delay or place conditions on mediation may lose their wages.
- Employers who delay may be forced to continue wage payments even during conflict.
But is it really mandatory?
Legally speaking, mediation remains voluntary – you cannot be forced into it. But in forensic or employment-related contexts, refusing to participate can have serious consequences. Courts, doctors and legal advisers often expect good faith cooperation – and the system is designed to reward those who try to find solutions.
Conclusion
Mediation in the Netherlands is generally voluntary – but sometimes, refusing it can carry real consequences. In employment conflicts, ignoring a company doctor’s advice to mediate may lead to wage loss or dismissal. In family law, the court may order a form of mediation to help inform its decision.
Understanding these exceptions helps you act wisely – whether you’re an employee, an employer, or a party in a complex legal dispute.
Disclaimer: The information provided on this website is for general informational purposes only and is not legally binding. Although we strive for accuracy, the content may contain errors. If you notice any mistakes, please let us know by contacting us via the contact form located at the bottom of the page.
Picture : Created by Sora/ ChatGPT
References
[2] Government of the Netherlands, Dutch Civil Code (Burgerlijk Wetboek), Book 7 – , accessed 07/06/2025