Mediation in Belgium is firmly rooted in law. The Federal Mediation Commission (FMC) closely monitors this legislation to ensure that accredited mediators work within a clear, high-quality framework that they can confidently uphold for all parties. We ensure that mediation remains not only fair and accessible, but also legally sound. This page provides an overview of the main Belgian and European legislation on mediation, including recent changes and frequently asked questions.
The legal mandate of the Federal Mediation Commission
The operation and powers of the Federal Mediation Commission are set out in Article 1727 §2 of the Judicial Code. As a central body at the federal level, we are responsible for:
- granting or withdrawing the accreditation of mediation training institutions and the courses they offer;
- defining the minimum theoretical and practical training programmes, as well as the evaluations and procedures required for accreditation;
- granting accreditation to mediators within their specific area or areas of practice;
- deciding on the inclusion of mediators accredited by an authorised body in countries within and outside the European Union on the official list of mediators;
- establishing a code of ethics;
- processing complaints against mediators or training institutions; providing advice in disputes concerning mediators’ fees; and imposing sanctions on mediators who no longer meet the conditions set out in Article 1726 or the provisions of the code of professional ethics established by the Commission;
- ensuring the regular publication of all regulatory decisions of the Commission in the Belgian Official Gazette;
- determining the sanctioning procedure with regard to mediators;
- providing a reasoned opinion to the Minister of Justice regarding the conditions that an association of mediators must meet in order to be considered representative;
- preparing and distributing the list of mediators to the courts, federal, community, regional and local governments;
- informing the public about the opportunities offered by mediation;
- taking all necessary measures to promote the proper practice of mediation and, in particular, exploring and supporting new methods and practices of mediation and other forms of dispute resolution;
- preparing and publishing on its website an annual report on the performance of its statutory duties referred to in Article 1727/1(5);
- monitoring the proper organisation of its bureau and its commissions.
Want to know more about our operations? Visit our page about the Federal Mediation Commission.
Mediation legislation in Belgium
Belgian mediation legislation is laid down in the Judicial Code (Articles 1723/1 to 1737). These coordinating texts are available via the JUSTEL database(Opens in a new tab/window).
Key milestones in mediation legislation:
- 19 February 2001(Opens in a new tab/window): First introduction of mediation within the Judicial Code under Chapter Ibis: "Mediation in family matters."
- 21 February 2005(Opens in a new tab/window): Establishment of the Federal Mediation Commission (FMC) and definition of its responsibilities. Mediation is extended to civil, commercial and social matters.
- 18 June 2018 (Waterzooi Act)(Opens in a new tab/window): Reform of the FMC: expansion of its duties and introduction of an obligation for magistrates, lawyers, and bailiffs to inform citizens about mediation.
- 6 December 2022(Opens in a new tab/window): The Mediation Act is updated to make justice more fair, faster, and more efficient.
- 19 December 2023(Opens in a new tab/window): Expansion of the Chamber for Amicable Settlement (KMS). Judges and counsellors receive mandatory training in conciliation and mediation.
- 27 March 2024(Opens in a new tab/window): New rules on the court appointment of mediators in disputes between parties.
- 15 May 2024(Opens in a new tab/window): Digitisation of justice and further modifications to the FMC structure.
- 29 March 2024(Opens in a new tab/window) Children must now be involved in mediation, and mediators are required to specify exactly how this has been done.
European Legislation
Mediation is also receiving increased attention at the European level. The EU encourages a uniform approach in all member states through directives and regulations.
Relevant European documentation:
- Directive 2008/52/EC(Opens in a new tab/window): on mediation in civil and commercial matters.
- Directive 2013/11/EU(Opens in a new tab/window): on alternative dispute resolution in consumer matters.
- Resolution 2011/2026 (INI)(Opens in a new tab/window): on the application of the Mediation Directive in Member States.
- Green Book (2002)(Opens in a new tab/window) and accompanying opinion of the European Economic and Social Committee: on alternative dispute resolution.
- European Code of Conduct for Mediators(Opens in a new tab/window): quality standards and ethical guidelines for mediators practising within the EU.
If you have any questions, don't hesitate to contact us.
Do you have specific questions about mediation legislation, or would you like more explanation about a particular case? Feel free to get in touch through our contact form. We're happy to help.
