This article focuses on the different outcomes of mediation when starting at various moments in the divorce process. The assumption was that conflicts would escalate more the later the mediation began and as a consequence would affect the results of the mediation. This assumption was confirmed by research data. Not only is the chance of reaching agreement higher early in the divorce process, parties are also more satisfied with the mediation, regardless of the outcome. These results advocate referral to mediation in an early stage. However, referral to mediation should also be possible in a later stage.

The legally trained divorce mediator, ‘the officer of the court’, can use the law as a frame of reference for his conduct, but the psychologically trained divorce mediator, ‘the healer of the family’ has no such device. His primary tools are techniques to improve the communication skills of parties, their decision-making process and respecting systemic regularities, in particular where it concerns the interests of the children, i.e. visitation rights.Divorce mediators without legal training are hampered by the absence of a clear frame of reference. They are susceptible to subjective interpretations of events, counter-transference phenomena and partiality. The divorce mediator is himself his most important instrument, but also the most vulnerable.

After having explained what the function and role of a quantity surveyor is, the author describes his first acquaintance with mediation in the construction industry. One of his major observations is that ‘we quantity surveyors have been mediating long before mediation was a twinkle in the eyes of the legal fraternity’.

In this contribution media and other instruments which may contribute to the improvement of the life of parents and children during and after divorce are discussed. One such instrument is the film ‘What is mediation?”. The project was carried out by the Centre Education Daycare (Vormingscentrum Opvoeding Kinderopvang) and supported by the Flemish government and the King Boudewijn Foundation.

After a brief analysis of concepts of culture, conflict and conflict resolution, this contribution discusses how mediation and its practices are perceived in different cultures and countries. It appears that mediation is one of the most common forms of conflict resolution applied across a diverse range of cultures. In this respect, the author raises the question whether this also implies that there is a shared understanding of what mediation is or should be.

The purpose of the Flemish IPOS-project is to uncover the stages which people, including children, go through following a divorce. Based on their findings the researchers will come forward with proposals to improve the quality of life during divorce i.e. through mediation. The IPOS-project started on 1 November 2007. The final report will be published in October 2011. The composition of the research team is multidisciplinary; the participating researchers are lawyers, psychologists and economists.

In their contribution ‘Employment and ICMS’, Rob Jagtenberg and Annie de Roo discuss the yields that an integrated conflict management system may bring to individual workers, to the company or organisation, and to society as a whole. Few organisations have adopted ICMS as yet. Therefore, the authors analyse the resistance against introduction of ICMS in some detail, especially resistance on the part of management, which likely will be decisive.Recent developments in the world economy and in politics however, may change the leverage in favour of introducing ICMS still, in the years to come.

If a patient is not satisfied with any aspects of health care, he or she can file a complaint. In the Netherlands, as in other countries, there are several ways for handling patients’ complaints. One of the possibilities is to lodge a complaint with the medical disciplinary board. In 1997, the Individual Health Care Professions Act came into force. The main goals of this Act are to promote the quality of professional practice and to protect patients against unprofessional health care professionals.In 2008 research was undertaken into the experiences of patients (or others acting on behalf of them) with the disciplinary procedure. A sample of both complainants and practitioners against whom a complaint was lodged were interviewed about their expectations and experiences. The main conclusion is that for several reasons both parties are dissatisfied with the current procedure. This paper provides an overview of the outcome of the interviews. In addition, some concrete proposals are made regarding the improvement of the current disciplinary procedure.

CEPINA, the Belgian Centre for Arbitration and Mediation recently published special mediation rules for the resolution of IT disputes. The most important rules are discussed. Also the background of this initiative is highlighted.

In 2008, Ruud Lubbers led a mediation process to resolve the conflicts which had arisen between two Dutch campaigning organisations, various Indian non-governmental organisations (NGOs) and labour unions, two Dutch internet providers, an Indian clothing producer and a Dutch jeans brand. The mediation took place at the request of the disagreeing parties and the Dutch and Indian governments. The conflict related to corporate social responsibility (CSR) standards followed by the textile companies.In this contribution the effects of campaigning and litigating in issues concerning CSR will be examined. Limiting the analysis to CSR conflicts in the textile industry, the author will reflect on these new types of international conflicts in a globalising world and will share her view on appropriate ways to avoid them or, ultimately, to (re)mediate them if necessary.This contribution informs the reader about the events in India and the Netherlands which led to the escalation of the conflict. It provides an overview of the conflict resolution procedures and elaborates on the outcome of the ‘Lubbers Mediation’. The applicable legal and soft law labour standards are compared as well as the parties’ communication strategies. Lastly, this case is contrasted with other CSR conflicts in the textile industry, revealing a hidden conflict.

In this contribution the focus is on whether mediation, as it is practiced today, can be regarded as a profession and if so, whether it belongs to the ‘new’ or ‘old’ professions. In an attempt to answer this question the structure of the body of knowledge and the predictability of the outcomes of the application of that body of knowledge are discussed.

This article deals with confidentiality in mediation proceedings. Confidentiality is considered to be one of the key advantages of mediation. Usually the parties agree that they will not be compelled to produce evidence concerning the mediation, nor call the mediator as a witness in case of subsequent judicial proceedings. However, it is not sure how the court in civil judicial proceedings will handle such an agreement. The court will have to balance the interests of confidentiality and establishing the truth. In some cases it is clear that the court should not respect the confidentiality agreement, for example when there is an obligation to disclose evidence of a criminal offence. In other cases there might be proper grounds to let the confidentiality prevail, but there is no guarantee that the court will respect the confidentiality agreement. As part of the implementation of the European directive on mediation Member States are obliged to adopt provisions about admissibility of evidence in civil judicial proceedings in order to protect certain aspects of confidentiality of mediation proceedings.