Family law and mediation deal with distressing and emotional issues: divorce and the implications for the children, retirement, inheritance, and the associated tax considerations. To keep the distress to a minimum, it is vital to place the individual’s interests first – particularly when children are involved.
Mapping out the implications
A divorce or a death in the family often has much greater consequences than might be imagined. For instance, it usually involves dividing an estate or a community of property, or settling the marital property under a prenuptial agreement. Pensions have to be shared, and child support and partner alimony need to be determined. Depending on the situation, financial rules, tax law and company law both in the Netherlands and abroad also need to be considered.
These events are often painful and stir up strong emotions. This can make it difficult to agree on the arrangements, for example dividing the marital assets or settling the estate. Sometimes matters reach a point where the only way forward is formal dispute resolution.
Litigation
Litigation can take years. Because the stakes are personal, the legal battle is often hard and bitter, and dragged out until one party is left standing.
Generally, it is much faster to settle a dispute by negotiating or through mediation. It is also less likely to strain relationships between family members.
Negotiation
The first option is for everyone’s lawyers to negotiate a deal. Negotiating (rather than long legal proceedings) is more likely to produce a win-win situation that works for both sides. This protects everyone’s interests and causes the least distress, particularly to children.
Mediation
An alternative to negotiating is mediation. This is a modern form of resolving disputes without going to court. A mediator (who is a lawyer) leads the negotiations to find an agreement that is acceptable to everyone involved. Each party can hire their own advisers if they want.
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