is a neutral
The mediator is a neutral party. He or she does not act on behalf of one of the parties, but attempts to get them to reach agreement together. A mediator is not a kind of judge who issues rulings if the parties are unable to reach agreement. He or she simply tries to keep the two parties talking to each other and to get them to reach agreement on settling their divorce, or other type of dispute. As well as the mediator’s knowledge of mediation, his or her legal knowledge can be very helpful in finding and reaching solutions.
In a divorce, you can make joint agreements on every aspect you want – the children, alimony, the division of the assets, pensions. The two spouses are free to reach whatever agreement they wish. However, this will necessitate an examination of how far they have deviated from legal yardsticks and what consequences this could have.
As far as financial agreements are concerned, it is wise to check whether the agreed arrangements have any tax-related consequences. The Tax and Customs Administration does not take much notice of agreements between parties, enforcing instead its own regulations. The mediator will always ensure that the tax consequences of any agreement made are carefully monitored, perhaps with the help of a tax expert.
The SmeetsGijbels mediator will always ensure that he or she takes a neutral position between the parties and that any agreement is approved by both parties, and that both parties really do understand what they are signing.
About family law
Care to know more?
Family and inheritance law are sensitive subjects that often involve strong emotions. Matters that once seemed routine can take on a new significance as a result of all kinds of events, causing a breakdown in communications and thrusting the parties involved into far-reaching and invasive legal proceedings. SmeetsGijbels advises its clients on what route to take. We do so with empathy and support, adding our specialist legal knowledge as necessary.
Care to know more? Our lawyers and mediators are ready to help you. Obviously, we guarantee complete confidentiality.
Find out more about our family law mediators in Amsterdam and Rotterdam. They can advise you on what decisions to take.