How the settlement chamber works
Disputes can be referred to the settlement chamber either before legal proceedings begin or at any point during these proceedings. Referrals may be initiated by the judge or by one of the parties.
In this setting, the appointed judge steps out of the traditional adjudicative role and acts as a facilitator, helping parties explore potential amicable resolutions. The process is voluntary and confidential, and the judge may offer guidance, propose solutions or help clarify positions.
If the parties reach an agreement, this agreement is formalized in either (i) a settlement report (proces-verbaal van verschijning tot minnelijke schikking/procès-verbal de comparution en conciliation) or (ii) a settlement judgment (akkoordvonnis/jugement d’accord). If no agreement is reached, the parties can initiate or continue regular legal proceedings.
Key advantages of the settlement chamber
The process before the settlement chamber offers several advantages, as follows:
- Confidentiality: All discussions are strictly confidential. Breaches may be sanctioned, and judges involved in the settlement chamber will not preside over any substantive legal proceedings between the same parties.
- No costs: The procedure is free of charge — no court fees or additional procedural costs apply.
- Efficiency: The process is fast, informal and easily accessible.
- Party control: Parties retain full control over the reconciliation process.
- Constructive outcomes: A negotiated, self-determined solution often provides greater satisfaction and durability than a court-imposed judgment.
While it remains to be seen how widely the settlement chambers will be used in practice, they offer a valuable option to keep in mind when navigating disputes in the future.
If you have any questions about this new procedure or would like to explore its use in a specific matter, please don’t hesitate to reach out to us.
