Abstract

This draft report is written for the XIX International Congress of Comparative Law that will take place in July 2014 in Vienna. The report gives an overview of the current status of mediation in civil and commercial matters in Belgium. The framework is the Belgian Act of February 21, 2005 on Mediation, that dates from before the 2008 European Mediation Directive. The report describes in detail the voluntary (or out-of-court) and judicial (or court-connected) mediation procedures, the mediation agreement and the voluntariness of mediation, the accreditation process of Belgian mediators, the confidentiality of mediation, and the costs of mediation. Finally, some brief conclusions are made regarding the modest success of (judicial) mediation in Belgium.

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