Your employer or company doctor suggests mediation. But is it the right step for your situation? Mediation can be valuable — or a way to delay real solutions.
Mediation is a voluntary process where a neutral third party helps you and your employer find a solution to a conflict. The mediator does not decide — they facilitate the conversation. Both parties must agree to participate, and either can walk away at any time.
During sick leave, mediation is often suggested when the relationship between employee and employer is strained alongside the illness. The company doctor may recommend it, or UWV may note in its assessment that mediation should have been tried. But mediation is not a substitute for legal obligations — your employer's duty to pay your salary and provide reintegration continues regardless.
Mediation as exit strategy: in practice, employers sometimes propose mediation not to repair the relationship, but to negotiate an exit. If the conversation quickly shifts to termination terms, you are not in mediation — you are in a settlement negotiation. Make sure you recognise the difference.
Confidentiality: what is said in mediation is confidential. This means it cannot be used as evidence in court. This protects you — but it also means that admissions by your employer during mediation cannot be cited later. Be aware of this limitation.
Costs: mediation typically costs €150-250 per hour. The employer usually pays, but this should be agreed in advance. Sessions last 1-2 hours and most mediations take 2-5 sessions. If costs are a concern, discuss this upfront.
Choose a registered mediator: use a mediator registered with the MfN (Mediators federation Netherlands). They follow a code of conduct and quality standards. Avoid mediators proposed solely by your employer — insist on a jointly selected, independent mediator.
Your rights continue: during mediation, your salary, reintegration obligations and dismissal protection remain fully in effect. Mediation does not pause your legal rights. If your employer suggests otherwise, that is incorrect.
Yes. Mediation is voluntary. You cannot be forced to participate. However, refusing without reason may be noted in the file — especially if the company doctor recommended it. If you refuse, explain in writing why you believe mediation is not appropriate for your situation.
No. Mediation is an alternative to escalation, not a replacement for your legal rights. If mediation fails, you can still take legal action. And your employer's obligations — salary, reintegration, dismissal protection — continue throughout.
This happens frequently. If mediation results in a settlement agreement, have it reviewed independently before signing. The mediator is neutral — they do not protect your interests specifically. You need your own assessment of the terms, especially regarding benefits impact.
MediRights helps employees who are stuck in an employment conflict due to illness. We guide cases with concrete legal steps.
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