Code of conduct

Code of Conduct

The lawyer/divorce mediator mediates only subject to the following basic principles. As the lawyer/divorce mediator still remains a lawyer when mediating, s/he is still bound by the Code of Conduct applicable to lawyers.

The lawyer/divorce mediator is a (aspiring) member of the Vereniging van Familierecht Advocaten Scheidingsbemiddelaars (vFAS) and has completed a training course on mediation before being accepted as a member. Membership requires the lawyer/divorce mediator to keep up with professional developments by taking courses and exchanging experiences with other members of the association.

The lawyer/divorce mediator does not start mediating until s/he has established that the partners accept the terms of the mediation agreement. If possible, the mediation agreement is signed by the partners and the lawyer/divorce mediator at the first meeting.

The mediation agreement concluded between the lawyer/divorce mediator and the partners reads in accordance with the model agreement drawn up by the Vereniging van Familierecht Advocaten Scheidingsbemiddelaars (vFAS). This does not apply to the provisions contained in this model regarding the costs.

In mediation the lawyer/divorce mediator will always point out to the partners and any others approached in connection with the mediation that s/he acts as divorce mediator.

In mediation the lawyer/divorce mediator will always ensure that the two partners are aware of the legal aspects that might be relevant to their discussions and negotiations.

The lawyer/divorce mediator can always refer the partners to local specialists in other disciplines, such as psychologists, child psychologists, or relationship therapists.

After conclusion of the mediation – whether or not prematurely – neither the lawyer/divorce mediator nor a lawyer of the partnership to which the lawyer/divorce mediator belongs may give legal assistance to one of the partners who have requested mediation on matters that in the broadest sense arise from or are connected with the mediation.