As part of the general interest service assigned to the Notaries, the notary helps the parties to reach an arrangement when entangled in a (potentially) conflictual relationship.
To this end, he informs, advises, negotiates, reconciles and / or mediates.
The Judicial Code defines mediation as "a confidential and structured process of voluntary dialogue between conflicting parties that is conducted with the assistance of an independent, neutral and impartial third party who facilitates communication and attempts to lead the parties to design a solution on their own".
As a special process of ADR (Alternative Dispute Resolution), notarial mediation must therefore be exercised in that particular legal Framework as well as in the regulatory framework of the notarial practice.
Notarial mediation is the act of either an "accredited notary-mediator" or an "authorized collaborator-mediator" working under the authority and responsibility of a notary.
The notarial mediator ensures the deployment of the legal framework and the maintaining of the conditions allowing the persons in conflict to negotiate and find themselves solutions to their conflict.
He has to make sure that each party is aware of and understands all the consequences of the considered solutions. His knowledge of the relevant legal matters is valuable to this end.
The agreement resulting from the mediation can be included in a notarial act and / or be approved by the Court.
Yves Behets Wydemans, trained in mediation since the 1990s, has been accredited since 8 November 2007 as a family mediator and since 14 February 2008 as a mediator in civil and commercial matters.
Yves Behets Wydemans hosts his clients in mediation in his notarial office, Rue du Cardinal, 46, 1000 Brussels.
Aware of the societal challenge attached to the development of Alternative dispute resolution (ADR) procedures, he gets involved in ongoing training and the promotion of mediation, including in the European notarial forums.
The cost of a mediation depends on the financial stake, the time required, the complexity, the urgency and the financial capacity of the parties. For more details on our rates, please contact us.