Commercial medation in the Netherlands (in Russian, translated by V. Abolonin)

In this chapter, the development of mediation in business to business disputes is explained to a Russian audience. Particular attention is given to the cautious but successful interaction in the Netherlands between private initiative and government action (always a delicate balance to be struck in Russia), an notably the role of the Dutch Ministry of Justice (WODC) in facilitating preliminary bottom-up research into the strategies adopted by the business community in case legal disputes are confronted. This is the so-called second Delta survey, carried out under the auspices of the WODC research unit. In addition case law emanating from a.o. the Netherlands, England and France is discussed, highlighting the balance that western courts are trying to find between honoring the privately concluded commitments towards mediation by commercial enterprises on the one hand, and the need to secure access court on the other.