NETHERLANDS Law and Practice Contributed by: Sandra Verburgt, Petra Beishuizen and Ivo Janssens, Delissen Martens Advocaten
allowed if both parties agree to their attendance and the court considers the information that these individuals may have useful for decid - ing the case. Court decisions are in writing and published anonymously on the website of the Judiciary. Media and press will not have access to these closed court hearings. However, there are no reporting restrictions when referring to anony - mously published court decisions. 2.9 Alternative Dispute Resolution (ADR) In the Netherlands, parties may use several mechanisms to resolve financial disputes with - out going to court. Mediation The parties resolve their dispute together under the guidance of an independent mediator. The mediator assists the parties in clarifying their interests and positions. This is only available voluntarily. Once the parties have reached an agreement, the mediator will draft a divorce agreement in which the arrangements will be recorded. This will be submitted to the Fam - ily Court with a request to adopt the divorce agreement in its order. The divorce decree will be enforceable like any other court order. Collaborative Divorce Under this method, the parties resolve their dis - pute together with the assistance of their own lawyers, who work together to resolve the dis - pute of the parties in a respectful manner with - out interference from the court. This process is supervised by one or two neutral advisors – namely, a collaborative coach and sometimes a financial professional. Once the parties have reached an agreement, the lawyers will draft a divorce agreement in which the arrangements will be recorded. This will be submitted to the
Family Court, together with a request to adopt the divorce agreement in its order. The divorce decree will be enforceable like any other court order. Court-Offered Mediation Mediation and collaborative divorce are not man - dated by law – nor is there an obligation for the spouses to enter into mediation prior to seeking a resolution from the court. Nevertheless, the court will always offer the spouses mediation ( mediation naast rechtspraak ) before scheduling the case for a hearing. If both spouses accept the mediation offer, the case will be adjourned, pending the result of mediation. If mediation is successful, the mediation result or divorce agreement will be incorporated in the court deci - sion, thereby becoming enforceable as per any other court decision. If mediation fails, the case will be scheduled for a hearing – following which, a court decision will be rendered. Arbitration Arbitration has been available since 2012 as a means by which the spouses can resolve their dispute by mutual consent without involving the court. This is not used very often in the Nether - lands. Arbitration has its basis in Articles 1020— 1077 of the Dutch Civil Procedure.
3. Child Law 3.1 Choice of Jurisdiction Grounds for Jurisdiction
The Brussels II ter Regulation and the EU Main - tenance Regulation are applicable in the Neth - erlands. Children’s remedies and child support could be requested as an ancillary provision in divorce proceedings if either:
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