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Mediators

The mediator is the central figure in mediation, who must have the trust of all the parties. In principle, one mediator is appointed in NAI mediation, unless all the parties express a preference for the appointment of two or more mediators.

List procedure

The main rule set by the NAI Mediation Rules is that the mediator must be appointed by the parties. The parties may, however, leave the appointment to the NAI, in which case the list procedure will be followed. This means that the NAI sends a list of mediators to the parties, with the request to let the NAI know which people are not eligible to be appointed as mediators.

In principle, the NAI will appoint a mediator from the mediators who are acceptable to all parties, but if that is not possible, the NAI has the authority to appoint a mediator who is not on the list that was sent to the parties.

The NAI selects mediators for a certain case based on the request for mediation. The wishes of all parties are also taken into account, if possible. 

The Netherlands Arbitration Institute has a database with the names of people who have specific expertise and extensive experience in many fields. The NAI uses this database to select Mediators for mediation and to make a balanced proposal if the parties so request.

Rules of Conduct & Complaints Procedure

The NAI Rules of Conduct for the NAI Mediator are observed in mediation. Any complaints are handled in accordance with the 2017 Complaints Procedure for NAI Mediation.