Mediation is a structured path which is based on a number of basic principles that mediation must meet.

The framework for mediation is described in various legislative texts and regulations:

  • European Directive 2008/52/EG 521/05/2008)
  • European Code of Conduct (EB FBC (18/10/2007)
  • Professional secrecy (section 458 of the Belgian Criminal Code)
  • Mediation Act section 1728 §1, par.3 of the Belgian Judicial Code

The authorised mediator must at all times ensure that the mediation process takes place according to these basic principles.

  • Voluntariness of the parties
  • Confidentiality of the mediation and all matters and documents discussed during the mediation
  • Commitment of the parties involved (and their counsels)
  • The authorised mediator is at all times:
    • Impartial towards the parties
    • Independent of the parties
    • Neutral with respect to the conflict and the parties

The authorised mediator is bound by a Code of Ethics and Conduct, which he subscribed to with the Federal Mediation Commission.