Differences between mediation agreement and settlement agreement in Rotterdam rental disputes

In Rotterdam, with its vibrant port district and diverse rental market, a mediation agreement fundamentally differs from a settlement agreement. The mediation agreement arises from mediation processes at Rotterdam institutions such as the Juridisch Loket Rotterdam or neighborhood teams in Delfshaven and Feijenoord, and focuses on voluntary, relational solutions for tenants and landlords. A settlement agreement, on the other hand, is a amicable settlement ex article 7:900 BW, with stricter formal requirements – often notarized by a Rotterdam notary – and provides an executory title for direct enforcement via the bailiff in the Maasstad, without a new case at the Rotterdam Centrum district court. In typical Rotterdam rental disputes, such as nuisance in high-rise flats at the Kralingse Plas or maintenance arrears in the IJsselmonde district, a settlement agreement provides superior enforceability. Mediation agreements are more flexible and ideal for preserving the relationship, for example in temporary rental issues in student housing around Erasmus University. Choose a settlement agreement for definitive settlement, such as eviction in cases of cannabis plantations in Rotterdam-South. Legally, mediation falls under the Quality Requirements Act for Own Employment, while settlement agreements fall under Book 7 of the Dutch Civil Code. Practical example: in an eviction dispute over a luxurious property on the Westersingel, a settlement agreement prevents lengthy procedures at the Rechtbank Rotterdam. Note: a mediation agreement can always be converted into a settlement agreement for extra certainty, especially in the dynamic Rotterdam rental market where Huurteam Rotterdam advises. This distinction minimizes risks for tenants in the Van Nelle Fabriek and landlords in the skyline of the Kop van Zuid.