Having general terms and conditions drafted for a mediation agency: costs and process

Having general terms and conditions drafted for an intermediary agency by a specialized SME lawyer typically costs between €400 and €1,200, depending on the complexity — whether you work with consumers, success fees, exclusivity, or double mediation. You will then receive terms and conditions tailored to the mediation agreement (Article 7:425 of the Dutch Civil Code) that clearly regulate when the right to commission arises and for what you are liable. Below is what you get, what the process entails, and when it is better to do it yourself.

The short answer

• Costs: approximately €400 – €1,200 with an SME lawyer, depending on complexity.
• Lead time: usually 1 to 2 weeks.
• Process: intake, concept, one revision round, final set.
• Key: timing of commission/success fee accrual and tailored liability limit.
• Do it yourself: possible at a simple, purely business agency with a single rate.

Having general terms and conditions drawn up for a mediation agency: what do you get?

When having these drafted, you don't get a standard template from the internet, but terms and conditions that fit *your* form of mediation. A rental agent, a recruiter, and a commercial intermediary each face different risks. A good legal expert tailors the core articles accordingly:

• The nature of the assignment: mediation agreement (Art. 7:425 BW) with an explicit obligation of best efforts.
• The moment at which commission or success fee becomes due, plus a clause against bypassing the mediator.
• A limitation of liability that holds up, also towards consumers.
• Exclusivity and customized cancellation.

The process step by step

1. Intake. The legal expert maps out the type of mediation you engage in, who your clients are (businesses, consumers, or both), and how your revenue model operates.
2. Draft. You will receive a first version, tailored to your commission structure and risks.
3. Correction round. You read along, ask questions, and provide additions; the lawyer incorporates them.
4. Final set. You will receive the final version plus an explanation of how to validly hand it over (Art. 6:233-234 BW).

A good lawyer also provides a brief instruction: refer to the terms and conditions in your quotation or order confirmation and always include the text, otherwise the other party may invalidate them.

What determines the price?

The price depends mainly on complexity:

• Target group. If you work with consumers, stricter rules apply (grey and black lists, Art. 6:236-237 BW). This requires more customization.
• Revenue model. A simple fixed fee is cheaper to arrange than a tiered success fee with term clauses.
• Double mediation. If you mediate for two parties simultaneously, additional rules apply (such as Article 7:417 of the Dutch Civil Code), which makes the conditions more complex.
• Exclusivity. An exclusive right with commission for parties found independently requires careful wording.

For a simple, purely business agency, you are at the lower end of the range; for an agency with consumers, success fees, and exclusivity, at the upper end.

Do it yourself or have it drafted?

Having it drawn up pays off, especially if a mistake is costly. Consider it if:

• you work with consumers;
• applies your significant success fees;
• you accept exclusive assignments;
• you mediate for two parties at the same time;
• you previously had a discussion about the commission due.

If you work exclusively for business purposes, with one clear rate and a clear payment schedule, you can also draft a solid set yourself — in that case, a lawyer is not strictly necessary.

Brief SME example

A starting recruiter had his terms and conditions drawn up for €650 because he worked with success fees of 20% of the annual salary. In the first few months, a client tried to avoid the fee by claiming that the candidate had “not really been referred through the agency.” The custom-drafted definition of “referred candidate” and the fixed due date kept the discussion short. The investment paid for itself with the first placement.

Honest recommendation

Have terms and conditions drawn up if the amounts or risks justify it: consumers, high success fees, exclusivity, or double brokerage. The €400 – €1,200 pays for itself at the first dispute regarding commission. If you conduct purely business-oriented, simple brokerage with a single rate and a clear payment schedule, drafting them yourself is fine and you do not need a lawyer — just be sure to keep a close eye on the moment of accrual and the liability limit.

Read more: general terms and conditions for a mediation agency, what are these conditions , and drafting them yourself: what belongs in them.

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