Having a mediation agreement drafted: costs and process

Having a mediation agreement drafted by a specialized SME lawyer typically costs between 300 and 900 euros, although an MfN-registered mediator often brings a proven agreement with them, keeping those costs low. What is worthwhile to have checked or drafted, however, is the settlement agreement in which the outcome of the mediation is recorded (Article 7:900 of the Dutch Civil Code). The mediation agreement establishes the ground rules of the process: voluntariness, confidentiality, and the impartial role of the mediator. The real financial consequences lie in the final stage.

The short answer

• Having a mediation agreement drafted by an SME lawyer typically costs between 300 and 900 euros.
• The MfN registered mediator often already provides a proven mediation agreement.
• The greatest added value of your own lawyer lies in the settlement agreement.
• The process consists of intake, drafting or checking, and signing.
• A notary is not required, unless you want to make the outcome immediately enforceable.

How much does it cost to have a mediation agreement drawn up?

The costs of the mediation agreement itself are reasonable. Because the document primarily sets out the ground rules for the process and many mediators use a standard agreement, the price for drafting or reviewing it typically ranges between 300 and 900 euros with a specialized SME lawyer. If you work with an MfN-registered mediator, the agreement is often already included in the process, and there are few additional costs for this part.

The costs of the mediation itself are separate from this. These consist of the mediator's hourly rate or fixed price, which the parties usually share. For an SME dispute, count on a few sessions. The distinction is important: the mediation agreement is a small cost component, whereas the guidance by the mediator and the final settlement agreement are the larger items.

The process step by step

The process begins with an intake with the mediator, who provides the mediation agreement or drafts it together with the parties. This agreement outlines the voluntary nature of the process, confidentiality, the role of the mediator, and, in the case of an MfN-registered mediator, the applicable MfN mediation rules. The parties sign this agreement before the substantive discussions begin. If you wish to have the agreement reviewed, you do so during this phase.

The mediation sessions follow. If the parties reach an agreement, the outcome is recorded in a settlement agreement. It is particularly advisable to engage your own legal counsel for this final stage. The mediator is impartial and drafts the settlement agreement neutrally; your legal counsel assesses whether your interests are properly safeguarded. Once signed, the agreement is binding.

Arrange it yourself or have it drawn up?

For the mediation agreement itself, you rarely need to hire your own lawyer, as the mediator provides one. The situation is different for the settlement agreement. As soon as financial amounts, shares, a buyout, the termination of a partnership, or long-term obligations are involved, review by your own lawyer gains value. They pay attention to wording, final discharge, and whether any risks are being overlooked.

Two business partners resolved a dispute regarding their collaboration through mediation. The mediation agreement was provided by the MfN registered mediator, so they did not need a separate legal expert for that. For the settlement agreement, in which a buyout sum and a non-compete clause were arranged, each party engaged their own legal expert. That review revealed that the non-compete clause was formulated too broadly, which was adjusted in time.

What to look for when making a choice

For the mediation itself, preferably choose an MfN-registered mediator so that the MfN mediation regulations and associated quality requirements apply. For the legal review of the agreements, choose a lawyer with experience in dispute resolution and settlement agreements. Ask in advance about the costs and what is included. The mediation agreement primarily involves a review; the settlement agreement involves a substantive assessment of your interests.

Also ensure that the roles remain separate. The mediator guides the process neutrally and does not represent any party interest. Your own lawyer, on the other hand, advises in your best interest. This separation is healthy: the mediator monitors the process, while your lawyer safeguards your position regarding the final agreements.

Honest recommendation

You do not need your own lawyer in all cases. For the mediation agreement itself, the tried-and-tested document provided by an MfN-registered mediator is almost always sufficient, especially in the case of a straightforward dispute. Engage your own lawyer primarily for the final stage. As soon as the outcome is recorded in a settlement agreement with financial or long-term consequences, a review by someone representing your interests is worthwhile. For a few hundred euros, you can avoid being stuck later with an agreement that turns out to be broader or more disadvantageous than you anticipated.

Want to read more? View the mediation agreement on our contracts page, first read what a mediation agreement is , and see how to approach drafting a mediation agreement yourself .

Frequently Asked Questions