Differences between mediation agreement and settlement agreement in Tilburg
What are the legal differences between mediation and settlement agreements in Tilburg? Learn when to use which in rental disputes for optimal enforceability via the Rechtbank Oost-Brabant.
AA
Arslan AdvocatenLegal Editorial
2 min leestijd
In Tilburg, a mediation agreement fundamentally differs from a settlement agreement, particularly relevant for rental disputes in this vibrant city with its growing rental market around Tilburg University and residential areas such as the Reeshof. The mediation agreement arises from mediation processes at local institutions such as the Juridisch Loket Tilburg and focuses on voluntary, relationship-preserving solutions. A settlement agreement, on the other hand, is an amicable settlement ex article 7:900 BW with stricter formal requirements, often notarised by Tilburg notaries. In rental disputes in Tilburg, such as evictions in the Spoorzone or payment arrears, a settlement agreement provides an executory title for direct enforcement via the Rechtbank Oost-Brabant, without new proceedings. Mediation agreements are more flexible but less directly enforceable, ideal for temporary issues such as maintenance problems in older Tilburg properties. Choose mediation to preserve the relationship with your landlord, for example in student housing; a settlement agreement for definitive settlement such as at the end of tenancy agreements. Legally, mediation falls under the Quality Requirements Act for Own Employment, settlement under Book 7 BW. Practical example from Tilburg: in eviction disputes around the Heuvelpoort, a settlement agreement prevents lengthy proceedings before the district court judge. Note: a mediation agreement can be converted into a settlement agreement via a Tilburg mediator for extra certainty. This distinction minimises risks for tenants and landlords in the local housing market.