Voluntary Mediation in Administrative Law in Rijswijk

Voluntary Mediation in Administrative Law for Rijswijk

Voluntary administrative law mediation in Rijswijk is an informal method of alternative dispute resolution. Parties in a conflict with the Municipality of Rijswijk or another government body work under the guidance of a neutral mediator toward a joint solution. Unlike proceedings at the Rechtbank Rijswijk, this process is quick, flexible, and focused on understanding and collaboration.

What does voluntary mediation in administrative law involve for Rijswijk?

In administrative law, issues often arise from government decisions, such as the Municipality of Rijswijk rejecting a building permit, terminating a benefit, or imposing a fine. Through voluntary administrative law mediation, as a Rijswijk resident, you can seek a settlement without involving the court. It is entirely voluntary: both the citizen and the administrative authority must consent. The mediator facilitates the discussion impartially, without imposing any judgment.

This sets it apart from mandatory steps like the objection hearing. Mediation can occur before filing an objection, during the objection phase, or later, as long as both parties cooperate. In Rijswijk, it builds on mediation during objection proceedings, which the administrative authority is required to offer.

Legal Basis for Mediation in Rijswijk

At its core is the General Administrative Law Act (Awb), particularly Article 7:10a Awb. This requires an administrative authority to mention mediation upon receiving an objection. Participation remains voluntary. Article 8:15 Awb governs settlements during appeals at the Rechtbank Rijswijk. Covenants and the Act on Quality Requirements for Mediators also apply. The Judiciary promotes it through LOVIB, with local support in Rijswijk.

Advantages and Disadvantages in the Rijswijk Context

Mediation is ideal for ongoing relationships, such as between residents and the Municipality of Rijswijk. Overview:

Drawbacks: success not guaranteed (around 70% success rate) and no appeal option if it fails.

Steps in a Mediation Process in Rijswijk

It typically unfolds as follows:

1. Intake: Separate registration with the mediator, suitability check (no violence or power imbalance).
2. Screening: Assessment of voluntariness and interests.
3. Start: Joint agenda setting and agreement on rules (confidentiality).
4. Sessions: 3-5 meetings of 2-4 hours, individual and joint.
5. Agreement: If successful, a mediation agreement, often enforceable at the Rechtbank Rijswijk.
6. Conclusion: If unsuccessful, proceed with the formal procedure.

Practice Examples of Administrative Law Mediation in Rijswijk

Example 1: Building Permit in Rijswijk. The Municipality of Rijswijk rejects an extension permit. After objection, mediation is offered under Article 7:10a Awb. In two sessions, agreement on a revised plan with added greenery. Time saved: two years of court proceedings.

Example 2: Benefit. A Rijswijk resident faces a UWV repayment demand. Mediation resolves misunderstandings; adjustment and payment plan follow, relationship intact.

Example 3: Local Environmental Dispute. Conflict over a tree-felling notice with the Municipality of Rijswijk. Voluntary mediation outside proceedings leads to reconciliation and a neighborhood project.

Rights and Obligations in Mediation in Rijswijk

• Rights:
  • Freely consent or withdraw.
  • Full confidentiality (Article 7:10a(3) Awb).
  • Free advice or mediation via The Rijswijk Legal Aid Desk or legal aid insurance.
• Obligations:
  • Act openly and honestly.
  • Share costs (or agree otherwise).
  • Honor the agreement, or it becomes enforceable.

Frequently Asked Questions about Mediation in Rijswijk