FAQ

Mediation is a voluntary and confidential process in which the parties themselves, through the intervention of a neutral, independent and impartial third party, jointly reach the resolution of a dispute through a structured process. The aim is to create a win-win situation, in which the interests of all parties are met.

Would you like more information? Then be sure to check out our brochures. 
 

Mediation helps parties reach a solution in a constructive and respectful manner, without the intervention of a judge. It promotes dialogue and provides tailor-made solutions that take everyone's interests into account.

Anyone involved in a conflict and looking for an amicable solution can request mediation. This can be done voluntarily by either party or on the recommendation/order of a judge.

As soon as you, as a private individual or a company, want to address a conflict, you can contact an accredited mediator through the Federal Mediation Commission's official list of accredited mediators. Specific conditions apply. 

Mediation through an accredited mediator can be used for different types of disputes, such as family, civil, commercial, social (conflicts in the workplace) and administrative conflicts (conflicts with government agencies, cities and municipalities, etc.). 

It can also be applied within the criminal law context (under different legislation).
Consult our brochures for more information on a specific intervention area.
 

You can contact accredited mediators specialising in various areas. A full list of accredited mediators can be found on our website. Choose the mediator that best suits your situation.

Yes, accredited mediators operate in every region in Belgium. A full list of accredited mediators can be found on our website.

In Dutch, the term “mediator” is used as a synonym for bemiddelaar. It is more commonly used in the Netherlands, but it refers to the same role: a neutral person who assists the parties in reaching an agreement.

The cost of mediation varies and is usually shared by the parties involved. There are no fixed prices. Contact a certified mediator to obtain a specific amount. Mediation is often a cost-effective way to resolve disputes compared to traditional court proceedings. 

You can find more details on our page about the costs of mediation. 

Individuals with no income or with an income below a certain threshold can make use of free or partially free legal assistance. Another term for this is “pro bono mediation”. 

You can read more details on our pro bono mediation page. 

The mediator questions and listens to the views of the parties. By doing so, their interests are brought to light. The mediator helps the parties translate their interests into options, which enables them to reach an agreement.

The duration of a mediation depends on the complexity of the dispute and the parties' willingness to reach an agreement. In general, mediation is faster than court proceedings. Read more about the duration of the mediation process.

If mediation does not lead to an agreement, the parties reserve the right to pursue other avenues, such as court proceedings. By definition, conversations during mediation remain confidential (unless other agreements are made) and cannot be used as evidence in court.

A mediator is not a lawyer. A mediator helps the parties reach a resolution themselves through an open conversation. In mediation, you choose a mediator to guide the process and work for both parties and find a tailor-made resolution. Mediation is possible before, during or after court proceedings. Mediation may also be terminated if the parties decide to proceed with legal proceedings.

A lawyer, on the other hand, represents the interests of one party within legal proceedings, with the judge deciding the outcome of your dispute. 
 

Mediation is often quicker and cheaper than legal proceedings. Mediation offers parties the chance to find a tailor-made resolution themselves, rather than having a decision imposed on them by a judge. Moreover, it promotes a lasting understanding/relationship between those involved. 

In the Dutch-speaking context, the terms “bemiddeling” and “mediation” are used as synonyms and refer to the same mediation process.

A mediation agreement is legally binding once all parties involved sign it. That means they must comply with its terms. To gain additional certainty, the parties may choose to have the agreement approved by a judge. This is only possible when the mediation is conducted by an accredited mediator.

Approval means that the court officially confirms the mediation agreement and gives it the same legal force as a court judgement. This means it can be enforced immediately if one of the parties fails to comply. In that case, the other party can, for example, call on a bailiff to enforce the agreement.

A mediator assists parties in finding a solution, but may never give legal advice, make decisions or take sides. His or her role is neutral and impartial.

Their power is further limited by law:

• The accredited mediator may not make a binding ruling, as a judge or arbitrator would.
• The accredited mediator may not enforce agreements. Parties must reach an agreement themselves.
• The accredited mediator is bound by confidentiality and may not disclose information from the mediation, unless all parties agree or the law provides otherwise (e.g. in the case of mandatory reporting of criminal offences).
• The accredited mediator may only mediate in cases for which he or she is accredited. Some sensitive cases (such as family matters) require specialised accreditation.
• If there is power imbalance or coercion between parties, you should see a accredited mediator to see if mediation is still appropriate.

In short: the accredited mediator guides, facilitates and helps initiate communication, but the process and decisions always remain in the hands of the parties themselves.

To become an accredited mediator, you must fulfil specific criteria: you must have a higher education degree, at least two years of relevant work experience and have attended an accredited training course on mediation. 

The exact pre-requisites and procedures for accreditation can be found here.

When applying for accreditation as a mediator, you must submit a complete file. This includes a curriculum vitae, a recent excerpt from the criminal record and proof of training courses taken. A detailed list of required documents can be found here. All documents must be submitted.
 

1. Cover letter
2. Detailed motivation letter (focused on the professional project)
3. Curriculum Vitae (CV)
4. Criminal record extract, no older than 2 months
   For mediators in family matters, model 2 is required!
5. No disciplinary or administrative sanctions
6. Person affiliated with a professional association: certificate from the association
7. Employed person: certificate from the employer
8. Self-employed: sworn declaration
9. Training certificates (basic and specialized) and, if necessary, a convincing portfolio documenting mediation experience
10. Copy of diploma
11. Proof of 2 years of professional experience
12. Proof of professional liability insurance
13. Signed consent to the code of conduct
14. Signed commitment to continuous professional development
15. Consent to the privacy policy

Accredited mediators are required to undergo continuing professional development to keep their knowledge and skills up to date. The number of hours or 'points' required is 18 hours over a 2-year period. 

You can digitally submit your continuing professional development file to the secretariat of the Federal Mediation Commission via secr.Bemiddelingscommissie@just.fgov.be. Make sure all necessary documents and supporting documents are attached.

You should submit your file to the Federal Mediation Commission every two years. This allows us to verify that you meet continuing professional development requirements and can maintain your accreditation as a mediator.

If an accredited mediator does not meet the continuing professional development requirement, the Federal Mediation Commission (FMC) takes the following steps.

1. Notification The FMC notifies the mediator of the absence or incompleteness of the file within six months of the submission deadline.
2. Regularisation period: The chair may give the mediator a deadline to put the file in order.
3. Withdrawal of accreditation: If the file is not submitted on time or remains incomplete, and no regularisation period has been granted, the chairperson shall revoke the accreditation. The mediator will then be removed from the list of accredited mediators and may no longer use the title ‘accredited mediator’.
4. New application for accreditation: A mediator whose recognition has been revoked may apply for recognition again by completing the missing hours of continuing professional development. In addition, the mediator must demonstrate nine additional hours of training per full year without accreditation, to a maximum of 90 hours. 

It is therefore essential for mediators to meet the continuous training requirements on time in order to maintain their accreditation.

For information on offering free/pro bono mediation and the steps to take, please see our step-by-step plan for pro bono mediators on our documents page.

As a OCMW or CAW employee, you can inform clients about the possibilities of mediation as an alternative to legal proceedings. You can refer them to accredited mediators and support them in preparing for the mediation process.

Consult the official list of accredited mediators. 

As a psychologist or job coach, you can inform clients about the benefits of conflict mediation, both personally and professionally. You can advise them on how mediation can contribute to finding constructive solutions and refer them to accredited mediators.

Consult the official list of accredited mediators. 

Mediation is suitable for clients who are willing to seek a solution together and who are open to dialogue. It is especially effective in conflicts where a long-term relationship (family, work, neighbours, business partners) needs to be preserved. If the conflict has highly escalated or if one party refuses to cooperate, mediation may be more difficult.

You can inform your client about mediation and explain how the process works. Then, you can help them find an accredited mediator through our official list of accredited mediators. In some court proceedings, a judge may also suggest or impose mediation.

It is useful to gather basic information about the conflict, such as the nature of the dispute and the parties involved. Mediators do not need a detailed file, but a short summary can help find the right mediator. You can also inform the client about costs and options for pro bono mediation, if financial resources are limited.

Judges can refer parties to mediation, either at a party's request or on their own initiative. They can make mediation mandatory in certain cases. If an agreement is reached, the judge can approve it, making it legally enforceable.

Yes, accredited mediators often specialise in certain areas, such as family, social, civil or commercial mediation. There are also specific lists, such as for mediators with extensive expertise in construction-related conflicts. Our list of accredited mediators includes filters to find a mediator based on specialisation and location.

Mediation is a voluntary process. You can highlight its benefits and explain that it is often faster, cheaper and less stressful than legal proceedings. If the client still refuses, another form of support or legal action may be necessary. In some cases, a judge may still impose mediation as a first step.

For clients with a limited income, pro bono mediation is available. This means that the government may reimburse all or part of the mediator's costs. A client can submit an application to the Bureau for Legal Aid (BRB) or through the court.

You can help your client by:

• Checking their eligibility against the most recent income thresholds.
• Referring them to a mediator who works pro bono (on the official list of accredited mediators, a filter can be used to identify mediators who offer pro bono services).
• Explaining how they can file an application, for example through e-Deposit or at the court registry.

More information on pro bono mediation and its terms and conditions can be found in our brochures.

A training organisation is a natural or legal person seeking to provide training courses in accordance with the Training Regulations.

A training centre is a educational organisation specifically accredited by the FMC to provide basic and specialisation training courses. A training centre is formally accredited to offer the full pathway to becoming an accredited mediator.

The main difference is that a training centre has an officially accredited status to offer the full training programme, while a training organisation does not (yet) have that accreditation. A training provider that is not accredited as an official training centre can still offer continuous training courses. Each course must then be individually accredited by the FMC.

The Training Regulations set out three types of training courses: 

• The ‘basic training course’ is comprised of a minimum of 70 hours, including at least 30 hours of theory and 30 hours of practice.
• ‘Specialised training courses’ are four accredited specialisations (each comprising at least 35 hours):
  • family matters;
  • civil and commercial matters;
  • social matters;
  • mediation with governmental organisations;
• continuing professional development courses

To be accredited as a mediator, one must have completed the basic training and at least one specialisation training course. Those two courses can only be offered by a training centre.

To remain accredited as a mediator, one must attend a minimum number of hours of accredited continuing professional development courses. These continuing professional development courses can be offered both by training centres and other training organisations.

As a training provider, you must submit an application to the FMC for recognition as an accredited training centre. You must prepare a programme for the basic training and at least one specialisation training course, in accordance with the minimum requirements regarding duration and quality as set out in the Training Regulations.

Along with your application for accreditation as a training centre, you can also simultaneously apply for accreditation for at least one continuing professional development course.

Every four years, you must submit a report to the FMC listing all the (basic and specialisation) training courses you have provided. During this four-year period, you must organise at least two basic training courses and two specialisation training courses. When submitting this report, you must submit a new accreditation application to maintain your accreditation, including an application for the recognition of at least one continuing professional development course. In this way, you can once again make use of the simplified recognition procedure as set out in Article 18, §4 of the Training Regulations. 

All centres that received their accreditation in 2021 should therefore comply with the above obligations by 15 November 2025, at the latest.

Basic and specialisation training can be offered in three forms:

• in person, with all participants physically present;
• online, with all participants attending online and in real time;
• hybrid: a combination of physical and online presence of participants.

Basic and specialisation training courses may contain a maximum of 30% online lessons, with the remaining 70% required to be conducted in person.

Continuing Professional Development courses can be offered in four forms:

• in person, with all participants physically present;
• online, with all participants attending online and in real time;
• hybrid: a combination of physical and online presence of participants.
• on-demand: a recorded training course is watched online by a participant at a time of their choosing

On-demand and online courses are recognised as continuing professional development provided that both the attendance and active participation of the participants are monitored throughout the entire course. 

As a general rule, at least 15 minutes of break time should be provided per block of two hours of training.

For a full-day training (i.e., six hours or more per day), at least a 45-minute (lunch) break must be provided, or a total break of at least 60 minutes. 

Training is accredited in hours and half hours (no 15-minute increments). A training or course must have a minimum duration of one hour.

Simultaneously with your application for accreditation as a training centre, you can also submit your application for accreditation for at least one continuing professional development course (Art. 18, §2, paragraph 1 Training Regulations). Once you have obtained accreditation for both (training centre and at least one continuing professional development course), you can use a simplified procedure to notify the FMC of any other continuing professional development courses that you did not include in your initial application for accreditation as a training centre (Article 18, §2, paragraph 2 of the Training Regulations). 

Simplified procedure

The simplified procedure applies for a period of four years from the above-mentioned accreditation as a training centre.

In this procedure, you use the designated Word form, which can be found on the website. You must always provide the final programme at least two months before the course is organised. The FMC may, if necessary, request additional information and may, within a period of thirty working days (starting from the moment the file is complete), refuse accreditation or make it subject to certain conditions. If the FMC has not issued an opinion within this period, the course is deemed to be accredited for the requested hours. 

The application for accreditation also includes a rationale of the course's direct relevance to mediation, the mediator and its link to his/her practice. 

The application must also include a model certificate of attendance. 

Based on this information, the FMC intends to publish a training calendar on its website in the future, listing all courses that it has been notified of and that have been accredited. 

If you are not accredited as a training centre, you must submit a separate application for accreditation for each continuing professional development course using the relevant form (in Word format). This form includes a description of the continuing professional development course, the number of hours devoted to each component and the name of the instructor(s), together with their CVs (Article 16 Training Regulations).

The continuing professional development course must be given by at least one accredited mediator. If the course is not delivered by an accredited mediator, then it must be supervised by at least one accredited mediator acting as the course coordinator (see Art. 1, 3 Training Regulations: description of the ‘coordinator’). 

The application for accreditation also includes a rationale of the course's direct relevance to mediation, the mediator and its link to his/her practice. 

In addition to the names of the instructors responsible for each part of the course, the application must also include a detailed timetable of the training hours: start time, end time, and breaks. (See also FAQs, question 6). 

The application must also include a model certificate of attendance. 

There is no specific timeframe for this. However, it is appropriate for the specialisation training to follow the basic training.

A participant who successfully completes basic training by passing an examination receives an ‘certificate’ from the training centre. Such certificate is a pre-requisite for admission to specialisation training.

A participant who successfully completes specialisation training by passing an examination receives a ‘certificate of competence’ from the training centre. Such a certificate of competence is a pre-requisite for applying for FMC accreditation as a mediator.

The ‘final assessment’ takes place after completion of the full training programme (basic training and at least one specialisation training course). An external assessor may be present at that final assessment. It is not compulsory, but highly recommended. 

The evaluator is a person who has no direct or indirect link:

1° with the training centre (for example, as a trainer) or 

2° with any other courses offered by the training centre. 

These conditions are cumulative.

The above does not prevent the external evaluator from receiving compensation specifically for carrying out assessment assignments. 

This person may be present during the final assessment and will subsequently provide an assessment of the participants in the final assessment. This assessment is for information purposes only and is not binding. Its aim is to make the evaluation by the instructors of the training centres more objective. 

The FMC Training Regulations (Art. 15) requires scores of at least 12/20 for the granting of the (basic) certificate and the certificate of competence.

However, a score of 10/20 may suffice if the training centre is subject to different regulations in which such grading counts as passing (e.g. colleges and universities). The training centre will then apply the exception provided for in Article 15, §2 and §3 of the FMC Training Regulations (cf. "Without prejudice to other legal provisions").

The other conditions of Article 15 (e.g. the minimum number of training hours) of course remain unaffected.

The (basic) certificate and the certificate of competence should not mention the scores achieved BUT must state the number of accredited hours of training.

If the request for accreditation is submitted to the FMC more than one year after the date of the certificate of competence, nine hours of continuing professional development per year must be proven in order to obtain accreditation.

For both the basic training and specialisation training, at least 30% of the instructors must hold 'accredited mediator' status. For the theoretical training, at least 50% of the instructors must hold 'accredited mediator' status for the practical part of the course. 

Basic training

Trainers involved in the basic training who are not accredited mediators will, for the organisation of the course, be supervised by at least one coordinator within the training centre who is an accredited mediator, in order to ensure the link with mediation practice (art. 1, 4 and 7 Training Regulations). 

Specialised training 

Instructors engaged for specialisation training who are not accredited mediators will be supervised by (at least) one coordinator who is an accredited mediator and specialises in the relevant specialisation, in order to make the link with mediation practice (Art. 1, 4 and 10 Training Regulations). 

Training coordinator role 

The course coordinator should (at a minimum) participate in the drafting of the training programme and help supervise its implementation in practice (Art. 7 Basic training/ Art. 10 specialisation training Training Regulations). The coordinator may also teach (part of) the lessons.

He/she should ensure for both the course as a whole and for the different components, a sufficient link to mediation practice is made.

The coordinator must meet the conditions set out in Article 1.3 and Article 1.4. 20 Training Regulations. The compulsorily submitted CV must demonstrate that they have the necessary experience, not only in the field of education but also as a accredited mediator. The requirement of at least three years’ practical experience demonstrates that the mediator has completed the necessary continuing professional development, in addition to their mediation practice. 

The role of coordinator can be fulfilled by an instructor from the training centre's team, provided they meet the conditions contained in Art. 1.3 Training Regulations. 

The role of coordinator may also be filled by a group of persons, provided that each individual member meets the conditions set out in Art. 1.3 Training Regulations.

Basic and specialisation training:

In accordance with Art. 6 Training Regulations, any change (e.g. in hours or of instructor) must be communicated at least six weeks before the start of the relevant training course. 

Clarify the programme change in the form and attach the CV of the replacement instructor. 

Continuing Professional Development 

 Inform the FMC of the change (e.g. hours or different trainer) to the relevant continuing training course, in accordance with Article 18 of the Training Regulation.

Clarify the programme change, along with the CV of the replacement instructor.

The change in the programme must also include a justification explaining the direct relevance of the training to mediation and to the mediator, and it must be linked to mediation practice.