Samenvatting

With this article Patrick Van Leynseele would like to briefly outline:

1. that the Code creates an overly exaggerated regulation of mediation and is unjustly interfering in various areas with the way in which the mediators should operate;

2. that the Code permits only one (in his opinion far too narrow) form of mediation through a regulation of deontology, in particular, in short, the purely facilitating approach; this while one of the roles of the FBC is to promote all forms of mediation as well as other forms of dispute settlement (art. 1727§ 2, 12 ° Judicial Code);

3. that there are a number of things in the Code that are useless, because they are already written in law and that the FBC wanted to give the Code some form of educational purpose that does not belong in a code of ethics;

4. that a number of aspects of the intervention of mediators could have been given their place in the Code but cannot be found in it;

5. to end with questioning what is ultimately allowed or not allowed.