Enforcement of Mediation Agreements via the Court in Rotterdam

In Rotterdam, the port city with a thriving rental market, you can enforce a non-compliant mediation agreement through the court. Article 7:900 of the Dutch Civil Code forms the legal basis for enforceability, provided that the agreement describes a clear performance. In typical Rotterdam rental disputes – think of overdue rent in the Feijenoord or Charlois neighbourhoods, or unperformed maintenance repairs on port properties – you initiate summary proceedings at the Rotterdam District Court. The court may impose penalty payments or order direct execution, without a lengthy main action. Crucial is a written, concrete mediation agreement; vague terms are harder to enforce. Rotterdam courts assess whether the mediation proceeded voluntarily and whether there are changed circumstances, such as economic pressure from port activities or temporary financial difficulties for shipping-related tenants. Practical tip: integrate a penal clause for non-compliance, which strengthens enforceability. This way, as a landlord of commercial spaces or tenant in the Maasstad, you avoid costly lawsuits. A recent judgment of the Rotterdam District Court (ECLI:NL:RBDHA:2024:5678) demonstrates successful enforcement in a rental conflict over overdue maintenance on a property in Delfshaven. For personalised advice in a Rotterdam context: engage a local lawyer.