On 12 July 2018, article 225 under Title 9 of the "Law of 18 June 2018 on various provisions in the field of civil law and provisions to promote alternative forms of dispute resolution" has come into force. This article introduces a fundamental amendment to Article 1734 of the Judicial Code: the judge may now decide to impose a mediation process. Since the parties may only oppose it jointly, it is sufficient for one party to be in favor of mediation to obtain a court order imposing it on the parties.
Another major novelty of the law of 18 June 2018 is the insertion of an eighth part in the Judicial Code, devoted to collaborative law. The practice of collaborative law, which is already common in family law and recognized by the OBFG, is now officialized by the legislator for any type of conflict. The provisions on collaborative law come into force on 1 January 2019. Only collaborative lawyers who have received special training and are approved as such, will be able to practice collaborative law.
For more information about this law and the new provisions applicable to mediation and collaborative law, do not hesitate to contact Astrid de Bandt.