Differences between mediation agreement and settlement agreement in Westland
What are the legal differences between a mediation agreement and a settlement agreement in Westland? Learn when to use which in rental disputes, such as greenhouse rentals, for optimal enforceability.
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Arslan AdvocatenLegal Editorial
1 min leestijd
In Westland, a mediation agreement fundamentally differs from a settlement agreement, particularly relevant for local rental disputes involving greenhouses and agricultural properties. The mediation agreement arises from mediation and focuses on voluntary solutions, whereas the settlement agreement is a consensual settlement ex article 7:900 BW with stricter formal requirements, often notarially confirmed at the District Court of The Hague. In rental conflicts in Westland, such as evictions of horticultural plots in Kwintsheul or Monster, a settlement agreement provides an executory title for direct enforcement without a new procedure. Mediation agreements are more flexible but less directly enforceable, ideal for preserving relationships between growers and lessors in temporary issues such as seasonal rentals. Choose mediation for ongoing collaborations in greenhouse horticulture; a settlement agreement for definitive settlement, for example after bankruptcies in Poeldijk. Legally, mediation falls under the Quality Requirements Act for Own Employment, settlement under Book 7 BW. Practical example: in eviction disputes involving Westland greenhouses, a settlement agreement prevents lengthy procedures before the cantonal judge. Note: a mediation agreement can be converted into a settlement agreement for extra certainty, fitting the dynamic rental market in this region. This distinction minimises risks for tenants and lessors in Westland.