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Our services include a free consultation, a draft document, a revision round, and a final document. We invoice after sending the draft document.

Experience with legal services for entrepreneurs since 2001
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  • We worked for, among others:
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An incorrect document often provides a false sense of security.
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Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law
Attorney, 16 years of experience

In mediation, the key point is not just the fee, but especially when the fee arises. Is an introduction sufficient, must an agreement be reached, or must payment be made by the client? That must be clearly established in advance

  • For intermediaries, clients, brokers, recruiters, consultants, and commercial intermediaries
  • Attention to commission, success fee, referral, exclusivity, circumvention, and payment timing
  • No cure no pay, costs, leads, authority, liability, and termination arranged
  • Practically useful for business mediation, sales, recruitment, real estate, financing, and deals

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Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

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Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

About us

Our expertise in mediation agreements

Our lawyers and in-house counsel assist intermediaries, principals, brokers, recruiters, consultants, and commercial intermediaries with mediation agreements, commission agreements, agency agreements, confidentiality, and lead agreements. We examine success fees, brokerage fees, referrals, exclusivity, circumvention, after-care, costs, jurisdiction, privacy, liability, and termination.

Customization for your mediation model

Mediation involving clients, real estate, recruitment, financing, acquisitions, suppliers, or online leads does not require the same agreements. Therefore, we tailor the mediation agreement to the role, fee, evidentiary position, exclusivity, and transaction risk.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience in corporate law, real estate, employment law, and contract law
  • Attention to practical operation, risks, and enforceability
  • Fixed rates in advance where possible
  • Customization
  • About us
from 99.- per document

Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

  • Our legal expert spends 0.5 to 1.5 hours on the check
  • Telephone intake with a lawyer
  • Checks on content, risks, and practical usability
  • Attention to liability, payment, and termination
  • Concrete points for improvement and legal advice
  • Delivered within 3 working days, express delivery possible
from 249.- per document

Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

  • Our legal expert spends 1.5 to 2.5 hours checking and making adjustments
  • Telephone intake with a lawyer
  • Verification of the existing document
  • Adaptation to your business and working methods
  • Suitable for new services, customers, or risks
  • Delivered within 5 working days, express delivery possible

About us

Our expertise in mediation agreements

Our lawyers and in-house counsel assist intermediaries, principals, brokers, recruiters, consultants, and commercial intermediaries with mediation agreements, commission agreements, agency agreements, confidentiality, and lead agreements. We examine success fees, brokerage fees, referrals, exclusivity, circumvention, after-care, costs, jurisdiction, privacy, liability, and termination.

Customization for your mediation model

Mediation involving clients, real estate, recruitment, financing, acquisitions, suppliers, or online leads does not require the same agreements. Therefore, we tailor the mediation agreement to the role, fee, evidentiary position, exclusivity, and transaction risk.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Experience in corporate law, real estate, employment law, and contract law
  • Attention to practical operation, risks, and enforceability
  • Fixed rates in advance where possible

Reviews (21)

Liam

The proactive approach began even before the quotation was signed. The advice regarding the employment contracts was fully in accordance with the latest legislation. The final result aligns 100% with our high standards.

Rachid

We were immediately assigned a dedicated contact person, which worked very well. The explanation of the terms and conditions was very helpful. Everything was delivered neatly and on time.

Arjan

It is pleasant when a party immediately understands the core of the problem. The follow-up care and the opportunity to ask brief questions were arranged superbly. It is clear that they have a passion for entrepreneurship.

Ibrahim

We really appreciated the transparency regarding the costs upfront. The aftercare and the opportunity to ask brief questions were perfectly arranged. A reliable partner that strives for perfection in their documents.

Malika

I was spoken to very kindly on the phone. The translation of our core values ​​into the code of conduct was incredibly well done. A reliable partner that strives for perfection in their documents.

Demi

The intake was personal and concrete. They flawlessly managed to expose the pain points in our current contract. Fantastic value for money for this level of expertise.

Kim

It was a relief to be helped so quickly. The weekly update emails gave a nice sense of control over the process. A reliable partner who strives for perfection in their documents.

Arno

We had a fairly specific legal issue, but this was no problem at all. The document contained handy fill-in fields for future use, making it highly reusable. The service was professional and personal.

Freek

We were given the space to tell our entire story without being interrupted. The process was completely digital and frictionless, which saved us a lot of time. The quality fully met our expectations.

Tobias

The promise of a quick start-up was absolutely fulfilled. The lawyer managed to strike exactly the right balance between legal density and readability. A party that delivers on what it promises on the website.

Sabine

I was spoken to very kindly on the phone. Our industry was taken into account. Our customers respond positively to the clear general terms and conditions.

Farid

The promise of a quick start-up was absolutely fulfilled. The concept was clear and practically applicable. Everything was delivered neatly and on time.

Boris

They immediately zoomed in on the matters that were truly important to us. The proactive attitude while waiting for feedback from our counterparty was very pleasant. Fantastic value for money for this level of expertise.

Danique

We quickly gained insight into the key risks. The lawyer effectively translated our situation into the document. The service was professional and personal.

Levi

The decisiveness during the first meeting was very pleasant. Communication via email and phone was clear. It is evident that they have a passion for entrepreneurship.

Gijs

From the very first moment, we felt heard. It was nice that we could call in immediately if anything in the draft was unclear. Our business partners were impressed by the professionalism of the contracts.

Wouter

They really thought along with our situation. The empathy and understanding of the lawyer made this a very pleasant collaboration. It is clear that they have a passion for entrepreneurship.

Ahmed

It is pleasant when a party immediately understands the core of the problem. It was nice that we could call in directly if anything was unclear in the draft. Our customers respond positively to the clear general terms and conditions.

Reda

The decisiveness during the first meeting was very pleasant. They immediately understood where the sensitivities lay within our collaboration. Our customers are responding positively to the clear general terms and conditions.

Lina

We were looking for certainty and received it immediately in the first meeting. The translation of our wishes into watertight legal provisions was impressive. Everything was delivered neatly and on time.

Femke

We had many questions, but these were answered patiently and promptly. The adjustments were logical and carefully incorporated. Everything was delivered neatly and on time.

Meet our office

Our ContractCheck, simply explained what can all go wrong.

Why MKB Juristen?

Since 2001, we have been active as a no-nonsense legal firm for entrepreneurs. We quickly get to the heart of the matter: with a thorough assessment, clear answers, and a document that works practically.

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What you can expect from us

We translate your situation into a legal document that you can actually use. You won't receive a loose template, but a document tailored to your business, agreements, and risks.

  • A clear roadmap: intake, concept, revision round, and final version
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Are you unsure whether you should have the document drafted, checked, or amended?
During the initial consultation, we will determine the sensible course of action together. Afterward, you will know exactly where you stand.

Why customization?

A legal document only works well if it aligns with your business, agreements, risks, and industry. That is why we do not work with a standard generator, but with legal experts who assess your situation.

  • Prepared for your company
  • Telephone consultation included
  • No standard template
  • Review by legal specialists

What do you get?

You will receive a legal document that is practical and aligns with the agreements you wish to make.

  • Draft document or legal review
  • One adjustment round
  • Clear explanation where necessary
  • Fixed price where possible

The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

Before we draft the document, we make a number of key choices together with you. These choices determine when you get paid and how much leeway the client retains.

Choice or question Why this matters legally
When does your right to wages arise? You can link the remuneration to the conclusion of the main agreement or to an effort rendered. The general statutory rule (Article 7:426 of the Dutch Civil Code) is that remuneration is due as soon as the agreement is concluded through your mediation.
Do you act as an exclusive intermediary? With exclusivity, you prevent the client from reaching a deal behind your back or through someone else without you receiving a commission.
Are you authorized to act for both parties? When serving two parties, consent from both sides is advisable; for consumers, additional statutory restrictions apply here (Article 7:417 of the Dutch Civil Code).
How long does the assignment last? A fixed term with a notice period provides clarity; also determine whether deals concluded after expiration still result in commission.
Are expenses reimbursed separately? Agree on whether you will also be reimbursed for costs incurred if the mediation does not lead to an agreement.
Clauses and provisions

What elements belong in a mediation agreement?

The components below ensure clarity regarding your activities, when you will be paid, and what happens when the assignment ends. We tailor each component to your specific situation.

Provision Relevant to Legal point of attention
Description of the assignment Always Describe specifically which agreement you wish to bring about and between which parties, so that the scope of the mediation is established.
Wages and when they are due Always Specify whether the fee (commission) is only due upon the conclusion of the main agreement, the percentage or fixed amount, and the time of payment.
Exclusivity For longer or intensive assignments Determine whether you are the sole mediator and whether the client may negotiate directly or through others during the term.
Duration and termination Always Specify the duration, notice period, and consequences of early termination, including reimbursement of incurred costs.
Serving two parties If you can act for both sides Determine whether you may act as an intermediary for both the client and the counterparty simultaneously, and whether both parties agree to this.
Costs and expenses For foreseeable expenses Determine whether incurred expenses are reimbursed separately from the salary, even if no agreement is reached.
Processing of personal data If you share personal data Document how you process data of data subjects, based on a valid legal basis (Article 6 GDPR).
Applicable law and disputes Always Designate Dutch law and agree on which court or form of dispute resolution applies.
Use in practice

How do you use this document correctly?

A good agreement only works if you implement it at the right time and adhere to it. The steps below will help you with this.

Situation What should you do? Point of attention
Before the start of the mediation Have both parties sign before you begin Without a signed agreement, it is unclear whether and when you are entitled to wages.
In case of a change to the assignment Document adjustments in writing Oral amendments later lead to discussion regarding commission and scope.
During the term Keep track of contact moments and efforts made In the event of a dispute, you can thus demonstrate that the deal was concluded through your mediation.
Upon conclusion of the deal Invoice in accordance with the agreed commission arrangement You prevent the statute of limitations from expiring and disputes regarding the wages owed.
Common mistakes

Common mistakes

We regularly see the following errors. A carefully drafted agreement prevents them.

Wrong Consequence Better approach
No clear commission arrangement Discussion on whether and when wages are due Explicitly stipulate the timing and amount of the salary.
No exclusivity agreed upon The client closes the deal without your knowledge, and you miss out on commission Include an exclusivity clause and a clause regarding lingering deals.
Unintentionally serve two parties Conflict of interest and possible loss of wage entitlement Make agreements in advance and ask for the consent of both parties.
Confusing mediation with a mandate or authorization Incorrect rights and obligations, incorrect liability Choose the correct instrument; mediation is regulated in Article 7:425 of the Dutch Civil Code.
Sharing personal data without a legal basis Violation of the GDPR and possible fine Process data only on a valid legal basis (Article 6 GDPR).
Risk profile

What is your situation and what do you pay attention to?

Depending on your role and industry, the points of attention differ. Below are a number of common situations.

Risk profile Example Focus in the document
You mediate on an occasional basis You occasionally bring parties together for a fee Clearly define the wages and the time of payment for each assignment.
You provide structural mediation as a core activity Mediation is your revenue model Work with exclusivity, clear commission, and a clause regarding lingering deals.
You act as an intermediary with consumers One of the parties is a private individual Take into account mandatory legal protection, for example when serving two parties.
You share data of involved parties You exchange personal data between parties Ensure a legal basis and clear agreements regarding data processing.
Additional documents

When is this document not enough?

Sometimes a different or supplementary document suits your situation better. Below are a few common cases.

Situation Supplementary document Why
Situation Related document Explanation
You will collaborate with the other party on a structural basis Cooperation Agreement If you wish to do more than just mediate and enter into business ventures, a cooperation agreement sets out the mutual rights and obligations.
You share confidential information during the mediation Confidentiality Agreement To protect sensitive business information before a deal is finalized, you enter into a confidentiality agreement.
Your commission is not being paid Debt collection If payment of the wages due is not received, you can have the claim collected through debt collection.
Explanation of this document

Drafting a mediation agreement, why?

Not every entrepreneur knows exactly what brokerage agreements are, when they are needed, and which risks they must cover. Therefore, we explain below what this document entails, what to look out for, and why customized legal solutions are important.

What is a mediation agreement?
A mediation agreement is an agreement whereby a mediator—also known as an intermediary, broker, or agent—undertakes to facilitate a client entering into an agreement with a third party. The mediator does not commit to concluding the agreement itself, but rather to establishing contact and facilitating its conclusion. The mediation agreement is regulated in Article 7:425 of the Dutch Civil Code and is characterized by the fact that the right to commission—the mediator's remuneration—in principle only arises once the mediated agreement has actually been concluded. Mediation agreements play a role in the real estate sector (broker), M&A practice (acquisition advisor), the financial sector (intermediary), the labor market (recruitment and selection agency), and international trade (commercial agent). Our lawyers will draft a mediation agreement for you that watertight establishes your commission rights, correctly formulates the exclusivity clause, and legally enforces claims for compensation in the event of early termination.
When is a mediator entitled to commission and what are the pitfalls?
The right to commission is the core of the mediation agreement and, at the same time, the most conflict-prone provision. Pursuant to Article 7:426 of the Dutch Civil Code, the mediator is entitled to commission as soon as the mediated agreement has been concluded as a result of his mediation activities. The causal link between the mediation and the conclusion of the agreement is decisive. Pitfalls include the following: the client concludes the agreement directly with a third party to whom the mediator has introduced him, but claims that the commission is not due because the mediator performed "insufficiently." The client waits until the exclusivity period has expired and subsequently concludes the agreement without paying the mediator. The agreement is concluded with an affiliated party of the candidate introduced by the mediator. Your mediation agreement must formulate the definition of "concluded as a result of the mediation" explicitly and broadly, and contain a continuing effect clause that protects your right to commission if the agreement is concluded shortly after the end of the mediation period. Our lawyers draft a commission clause that also holds up in court.
How do you arrange exclusivity in the brokerage agreement?
An exclusivity clause prohibits the client from working with other intermediaries or independently contacting parties proposed by the intermediary during the term of the brokerage agreement. Exclusivity is of great commercial importance to the intermediary: without exclusivity, he runs the risk that his work will be taken over by another party or that the client concludes the agreement without his involvement. In real estate brokerage, exclusivity is customary for a fixed period of three to six months. Exclusivity is also standard in M&A advisory and business brokerage. Please note: in brokerage agreements with consumers — e.g., a private individual selling their home — overly broad exclusivity clauses that disadvantage the consumer are subject to consumer protection regulations. Your brokerage agreement must clearly define the exclusivity period, the geographical scope, and the consequences of breach — including a penalty clause that exceeds the commission. Our lawyers draft an enforceable exclusivity clause.
How do you arrange compensation for early termination?
One of the most contentious situations in mediation agreements is termination by the client after the mediator has already performed substantial work but the mediated agreement has not yet been concluded. Pursuant to Article 7:408 of the Dutch Civil Code, a client may terminate a contract for services at any time, but is liable for damages if this is done late or unreasonably. Your mediation agreement must specify the compensation due upon early termination: a fixed buyout sum, compensation for incurred costs and hours spent, or a reduced commission if the mediator has already advanced the negotiations significantly. A particular point of attention: if the agreement is terminated shortly before the final contract signing prepared by the mediator, the court may still award the commission on the grounds of reasonableness and fairness. Your agreement must also contain a continuing effect clause stipulating that the commission is due if the agreement is concluded within a certain period after the termination of the mediation. Our lawyers draft a compensation scheme that protects your income in every exit scenario.
What is the difference between a mediation agreement and an agency agreement?
This distinction is of great legal importance because the agency agreement is extensively protected by law — including the goodwill compensation upon termination of the agreement. An intermediary brings parties together on an incidental or structural basis but does not act on a sustained basis in the name and on behalf of the principal. A commercial agent acts structurally in the name of his principal, is obliged to work to that end, and has an extensive set of statutory rights under Section 7.7.4 of the Dutch Civil Code. If, in practice, a mediation agreement exhibits the characteristics of an agency agreement — acting structurally on behalf of the principal, no discretion regarding the client base — the court may declare the agency provisions applicable, including the goodwill compensation. Your agreement must explicitly qualify the legal relationship and contain the characteristics that support that qualification. Our lawyers assess whether your mediation agreement has the correct legal qualification.
Which GDPR obligations apply to mediation?
Intermediaries process personal data of potential candidates, buyers, or sellers whom they present to their clients. Under the GDPR, the intermediary must be transparent about the processing of this data, have a legal basis for processing and retaining CVs, contact details, and negotiation information, and not retain the data longer than necessary for the mediation purposes. Your mediation agreement must also regulate how personal data received by the client regarding the candidates you have put forward is handled — upon receipt, the client is the data controller themselves and may only use the data for the intended purpose. Our lawyers ensure that your mediation agreement is GDPR-compliant.
How does it work at MKBjuristen?
After a brief intake, our lawyers map out your sector, your mediation activities, your fee structure, and your specific risks. Based on this, we draft a mediation agreement that watertight establishes your commission fee, correctly formulates the exclusivity clause, includes the continuation clause, and regulates compensation in the event of early termination. We also review existing mediation agreements for completeness and legal validity.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
Request a quote

Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document
SME Lawyers
Not tailored to your business
Tailored to your company, industry, and working methods
No control over your specific situation
Consultation with a lawyer and assessment of your risks
Possibly outdated or incomplete
Verification of current and practical provisions
No personal explanation
Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Tailored approach for each mediation situation

Not every mediation works the same way. Therefore, we do not make mediation agreements generic, but tailored to the timing of success, fee, evidence, and circumvention risk.

Business leads

Attention to lead definition, registration, moment of success, follow-up period, and payment.

Recruitment

Attention to candidate protection, placement fee, replacement, privacy, and warranty period.

Property

Attention to commission, exclusivity, viewing, candidate, transaction, and termination.

Financing

Focus on investor, closing, compliance, success fee, and no financing guarantee.

Business acquisition

Attention to mandate, confidentiality, buyer/seller, fee, follow-up, and closing.

Online leads

Attention to tracking, validation, quality, chargebacks, payment, and privacy.


A brokerage agreement must primarily make the right to a fee provable. Therefore, we examine the brokerage role, moment of success, commission, leads, exclusivity, follow-up period, anti-circumvention, authority, and termination.

Common mistakes in mediation agreements

Mediation often goes wrong because parties rely on commercial agreements without clear legal fee terms.

  • Do not specify when commission or success fee is due
  • Do not use lead tracking or proof of referral
  • Formulate exclusivity, area and duration too broadly or too vaguely
  • Do not include a carry-over period for deals closed later
  • Do not regulate anti-circumvention and direct contracting
  • Do not agree separately on costs, marketing, and third parties
  • Do not restrict the mediator's authority over third parties
  • Confusing mediation with agency, commission, or employment

Draft your mediation agreement properly and avoid unnecessary problems in the future. Good agreements prevent disputes regarding fees, leads, exclusivity, circumvention, costs, and termination.

What is a mediation agreement?

An agreement in which a mediator brings parties together or assists in concluding an agreement.

When is commission payable?

That depends on the agreement. Specify whether introduction, contract, payment, or closing is decisive.

What is a retroactive period?

A period after the end of the assignment during which a fee may still be due for previously introduced parties.

What is the difference compared to an agency?

Agency often involves structural mediation for a principal with its own statutory rules.

Can MKB Juristen review an existing mediation agreement?

Yes. We check, among other things, success fees, referrals, exclusivity, follow-up, circumvention, authority, and termination.

Contact us

Annelore Hendriks

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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