General Conditions MiNT Mediations

General Conditions MiNT Mediations

1. General

a. These general terms and conditions form an integral part of all tenders and agreements of commission which envisage the providing of services by MiNT Mediations, as well as all offers made by MiNT Mediations.
b. ‘Customer’ refers to the party (parties) to an agreement of commission with MiNT Mediations to mediate. In most cases, ‘Customer’ is also Participant to the mediation and/or restorative circles.
c. ‘Participant / Participants’ refers to the Participants or one of them, who have a conflict and wish to solve it with the assistance of MiNT Mediations.
d. ‘Mediation’ refers to the commission to mediate and/or facilitate between Participants, given by the Customer.
e. ‘MiNT Mediations’ refers to the mediator(s), involved through MiNT Mediations, who mediate between Participants, commissioned by Customer. The mediators involved through MiNT Mediations each work as mediator independently and for their own account and have their own practise as such. They cooperate under the name of MiNT Mediations. They work together in this manner in order to optimize their functioning as mediator / conflict manager.
f. All assignments shall be accepted and carried out exclusively by MiNT Mediations. This is also applicable if it is the explicit or implied intention that the assignment be carried out by a specific person. The applicability of article 7:404 of the Dutch Civil Code, containing a provision for the latter case, and of article 7:407 paragraph 2 of the Dutch Civil Code, establishing a joint and separate liability in events where two or more persons are given an assignment, are explicitly precluded. Article 7:408 paragraph 2 of the Dutch Civil Code also does not apply, for the Mediator(s) are at liberty to end the Mediation at any point.

2. Manner of execution
a. MINT Mediations will facilitate the Mediation to the best of her/his/their insight and ability according to the vocational standards. This obligation pertains to the effort to be made on the part of the mediator(s).
b. Customer and Participants provide all the cooperation MiNT Mediations deems necessary for a proper execution of the Mediation.
c. MiNT Mediations keeps Customer informed on the progress of the mediation process, to the extent that the confidentiality agreed upon allows.
d. All information obtained by MiNT Mediations about Customer and/or Participants and their organization(s) will be treated confidentially by MiNT Mediations, except in the cases concerning criminal acts in respect of which there exists a statutory obligation to report or a statutory right to report; concerning an impending crime; concerning complaints, disciplinary or liability proceedings against the Mediator; or concerning a request from the Certifying Institution -after promising in writing to observe confidentiality- to produce anonymized information evidencing conduct of practise.
e. Customer and Participants provide permission to use data and possibly confidential documents and particulars concerning their mediation by the Mediators and within the organization of MiNT Mediations, to the degree that this use is reasonably connected to the services provided. MiNT Mediations has adopted Privacy Regulations to comply with the Dutch Privacy Regulations concerning Personal Data (the so-called Algemene Verordening Persoonsgegevens), published on the website and provided upon demand.

3. Calculation of fees and invoicing
a. The expenses due by Customer comprise a fee based on the applicable hourly rate, a fixed charge for office expenses, due taxes and extra costs, according to MiNT Mediations’ usual charges which will also explicitly be agreed upon.
b. In urgent cases, appointments should be cancelled at least 48 hours in advance. If not, they will be charged. In urgent cases, appointments should be cancelled at least 48 hours in advance. If not, they will be charged.
c. Customer has the right, if he/she wishes, to receive a specification of the time spent by MiNT Mediations on the case and the costs incurred.
d. MiNT Mediations may request an advance payment before starting the mediation. Thereafter, MiNT Mediations will send bills of the fees and costs on a monthly or quarterly basis or at the end of the Mediation.
e. Customer agrees to pay each of MiNT Mediations’ bills within fourteen days of the billing date. If Customer fails to do so, he/she will be in legal default, without requiring further notice. If Customer does not pay on time, MiNT Mediations may stop the Mediation and charge legal interest plus all extra-judicial and judicial costs of collection. Extra judicial costs of collection may be set at a fixed rate of 10% of the unpaid bills, unless the actual extra-judicial costs exceed this amount, in which case the actual costs may be charged.

4. Involvement of third persons
a. MiNT Mediations is allowed to incur the services of third persons in executing a commission. MiNT Mediations will consult Customer and Participants beforehand to the extent that this is deemed useful and feasible. MiNT Mediations will observe the vocational standards of care when selecting such third persons.
b. It is possible that third persons engaged in executing Customer’s commission, limit their liability in the case. MiNT Mediations is authorized for all commissions to accept such a limitation of liability by third persons involved through MiNT Mediations.
c. MiNT Mediations may require Customer to directly engage the services of third persons, e.g. if a specific expertise is sought or if substantial costs may be involved in their rendering of services.
d. MiNT Mediations is not liable for any shortcoming, lack of care, unlawful or inappropriate actions or nonfeasance by third persons, irrespective of whether their services were engaged by MiNT Mediations or Customer.

5. Liability
a. MiNT Mediations is not covered by a liability insurance policy.
b. Therefore, the professional liability of MiNT Mediations is limited to the fees charged by MiNT Mediations and paid by Customer and/or Participants per case concerning which the liability claim arose, with a maximum of Euro 5.000.
c. Customer and Participants accept the risks involved in using various means of communication; MiNT Mediations is not liable for the consequences of undue transmission by telephone, fax, mail or otherwise.
d. Customer and Participants safeguard and indemnify MiNT Mediations against all claims of third persons – including all costs made or to be made by or for MiNT Mediation in connection therewith – which in any way are connected to MiNT Mediations’ commission for Customer and Participants, except in the case of gross negligence or willful misconduct by MiNT Mediations. Also in those cases, its liability is limited to the amounts set out under b.
e. MiNT Mediations carries no liability for indirect damage or corollary damage.
f. All rights of legal action and other powers of Customer and/or Participants towards MiNT Mediations in connection with work carried out by the Mediator(s) shall lapse upon expiry of a one year term after the ending of the Mediation, or if this should be considered to cause an undue burden, one year after the date on which Customer and/or Participants has (/have) become aware of – or could in all fairness have been aware of – the existence of such rights and powers.
g. Customer and Participants cannot pass liability claims on to third parties.

6. End of the commission
a. The mediation ends either if Participants sign a final agreement or if the Mediator(s) tell Participants or at least one of the Participants tells the Mediator(s) and other Participants, that he/she will not continue to cooperate in the Mediation. This declaration is then confirmed in writing.
b. If a Mediator is unable to carry the mediation through, if possible and if Participants desire, MiNT Mediations will –upon agreement with Customer and Participants– request other mediator(s) to take on the case.
c. If a Mediation ends prematurely, the work done and costs incurred up till that point will be paid as agreed. Customer, Participants and MiNT Mediations all forgo possible rights to demand compensation for the premature ending of the Mediation.
d. In case either Customer or MiNT Mediations goes bankrupt, applies for a moratorium or is legally compelled to restructure debts, the Mediation automatically ends (by law).
e. MiNT Mediations has the right to destroy all notes, correspondence, files and other documentation without further notice five years after ending the Mediation.

7. Disputes and applicable law
a. In case any dispute(s) arise(s) from any agreement reached with MiNT Mediations, parties will initially try to solve them through Mediation.
b. If it does not prove to be possible to solve the above-mentioned dispute(s) through mediation, the dispute(s) will be put to the appropriate judicial court in Amsterdam, unless MiNT Mediations and Customer and/or Participants decide together to submit their dispute to another qualified court.
c. Only Dutch law applies to all agreements reached under these General Terms and Conditions.
d. These General Terms and Conditions are drawn up in Dutch and English. In case of uncertainty, the Dutch text prevails.

8. Final clause
a. In case a clause of the General Terms and Conditions is void or declared void, the other clauses remain valid. The clause which is (declared) void will be replaced by a clause which approaches the original intention as closely as possible.

March 2024