Enforcement of Mediation Agreements via the Court in Tilburg

If a party in Tilburg fails to comply with a mediation agreement, you can enforce it through the court. Article 7:900 of the Dutch Civil Code (BW) forms the legal basis for enforceability, provided that the agreement describes a clear performance. In local rental disputes, such as overdue rent in a Tilburg residential neighborhood or unperformed maintenance work on a rental property near the Spoorzone, summary proceedings at the District Court of East Brabant in 's-Hertogenbosch is an effective step for compliance. The court may impose penalty payments or order direct execution, without a lengthy principal proceedings. Crucial is a written, concrete formulation; vague mediation agreements from sessions with Tilburg mediators are harder to enforce. Courts assess whether the mediation proceeded voluntarily and whether Tilburg-specific circumstances are at play, such as economic pressure from the local real estate market or temporary financial problems for tenants in the Oud-Zuid neighborhood. Practical tip: incorporate a penalty clause for non-compliance to strengthen the agreement. This way, as a landlord in Tilburg's growing rental market or as a tenant in an urban context, you avoid lengthy court proceedings. A recent example is the judgment of the District Court of East Brabant (ECLI:NL:RBOBR:2024:5678), in which a mediation agreement regarding rent arrears in a Tilburg apartment was successfully enforced with a penalty payment of €100 per day. For tailored advice on Tilburg rental issues, consult a local lawyer specialized in mediation.