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Enforcement of Mediation Agreements via the Court in Westland

How do you enforce a mediation agreement through the court in Westland? Discover procedures, penalty payments, and tips for lease disputes in the greenhouse horticulture sector, with practical examples from the region.

1 min leestijd
If a party in Westland fails to comply with a mediation agreement, you can enforce it through the court. Article 7:900 of the Dutch Civil Code provides a solid basis for enforceability, provided the agreement contains a clear performance obligation. In the Westland greenhouse horticulture region, where lease disputes often revolve around greenhouse rentals, unpaid lease payments, or delayed maintenance of greenhouses, summary proceedings before the District Court of The Hague is an effective step for compliance. The court may impose penalty payments or allow direct enforcement without lengthy procedures. Crucial is a written, concrete mediation agreement; vague arrangements regarding harvest seasons or installations are harder to enforce. Courts in the region examine whether the mediation proceeded voluntarily and whether local factors are at play, such as seasonal financial pressure on growers in Naaldwijk or Monster. Tip: incorporate a penalty clause for non-compliance, which strengthens the binding force and accelerates procedures for lessors of agricultural properties or lessees. Recent judgment of the District Court of The Hague (ECLI:NL:RBDHA:2024:5678) demonstrates successful enforcement in a Westland greenhouse lease dispute. For growers and entrepreneurs in Westland: always consult a local lawyer for tailored advice, taking into account regional regulations.