Bemiddelingsbeding in Vennootschapsakten (Mediation Clauses in Corporate Bye-Laws)

In this contribution we explore the possibilities and use of mediation clauses in bye-laws. We first explore the concept of mediation, the many definitions and different styles and approaches and define what we consider mediation in its strict sense. We then explore the use and practice of mediation in company law, to continue with some thoughts on how to draft such clause. The final parts are exploring applying mediation in the context of exclusion of a shareholder and in the context of matters of public policy