Key Benefits:
Decision of 4 May 2009, laying down rules on the granting of an addition for the purposes of mediation, the own contribution in the event of an addition and the fixing of the fee for the establishment of a fee on the basis of a addition of mediation (Decision adding mediation)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of the Secretary of State for Justice of 23 March 2009, No 5593413/09/6;
Having regard to Article 33e, first and third paragraphs , in conjunction with the Article 12, third paragraph , 25, 6th paragraph , 28, second paragraph , 34, fourth member , 34a, fourth member , 34d, third member , 35 , 37, second and fifth members , and 41 of the Legal Aid Act ;
The Council of State heard (opinion of 15 April 2009, No W03.0101/II);
Having regard to the further report of the Secretary of State for Justice of 24 April 2009, No 5599234/09/6;
Have found good and understand:
For the purpose of this Decision:
a. Law: Law on legal aid ;
b. Own contribution: own contribution, intended in Article 33e, third paragraph In conjunction with Article 35, first paragraph, of the Act .
The Articles 3 , 4, second, sixth and seventh member , 6 , 7 and 8 of the Act on Legal Aid-and Addendum shall apply mutatis mutandis in respect of the granting of an addition for the purposes of mediation.
The Articles 8 to 10 of the Decision on their own contribution and Article 1 of the Decision definition index shall apply mutatis mutandis with regard to the determination of the financial capacity of a legal person seeking to grant an extension for the purposes of mediation.
1 The own contribution, which is due to a natural person for the granting of mediation on the basis of an addition, is € 53,-if a case is less than four hours of mediation in a case.
2 The own contribution, which is due to a natural person for the provision of mediation on the basis of an addition, is € 105,-if a case is given four hours or more.
3 By way of derogation from the first and second paragraphs, the own contribution which a natural person owes in a case to the granting of mediation shall be € 53, irrespective of the duration of the provision of mediation, if:
a. Only his income or assets are taken into account and the income is up to a maximum of € 16 800,-[ Red: as of 1 January 2016: € 18,400]; or
b. In other cases, the income at most € 23 400,-[ Red: as of January 1, 2016: € 25,600] is up to € 25,600.
4 The own contribution, which a legal person is owed for the provision of mediation on the basis of an addition, shall be € 105.
5 Article 3 of the Decision on its own contribution to legal aid shall apply mutatis mutandis to the income limits referred to in paragraph 3 and to the altitudes of the own contributions referred to in the first to fourth members.
6 In the period until 1 January 2019, in respect of own contributions, referred to in the first to fourth paragraphs, no application shall be made to the specific contributions of the Article 3, first paragraph, of the Decision of its own contribution .
Where an addition for the purposes of mediation is granted in a case in which an addition has already been granted for legal aid, the applicant for the granting of a mediation on the basis of the abovementioned addendum shall not be Contribution payable.
Article 6, first paragraph, points (a), (b) and (d) and (2), second paragraph, of the Decision of the Commission's own contribution shall apply mutatis mutandis in the case of granting of an addition for the purposes of mediation.
1 A mediator shall receive a fee for mediation in accordance with the provisions of this Decision on the basis of an addition.
2 The allowance provided for in paragraph 1 shall comprise:
(a) compensation for the provision of media activities laid down in accordance with this Decision;
b. the compensation determined in accordance with this Decision for certain costs and the time reference in relation to travel for the respective case; and
c. The turnover tax payable on the fees referred to in points (a) and (b).
3 For the purpose of calculating the fee, the items awarded under this Decision shall be multiplied by the basic amount, named in Article 3, first paragraph, of the legal aid decision 2000 .
4 The Article 3, second paragraph , 4, first paragraph , 26 and 27 of the legal aid decision 2000 shall be applicable mutatis mutandis.
5 The fixing of the allowance provided for in paragraph 1 shall be made by applying the basic amount referred to in the third paragraph, the allowance referred to in the first paragraph of this Article. Article 9, second paragraph , as well as the fees according to the Articles 26 and 27 of the legal aid decision 2000 , which were in force at the time of the issue of the addition on the basis of which the mediation was carried out.
6 By way of derogation from the fourth paragraph, no application shall be applied until 1 January 2019. Article 3, second paragraph, of the legal aid decision 2000 .
1 To a case in which one or more applicants have been granted an addition to mediation, a one-and-a-half period, with a maximum of three points, shall be awarded if the case is less than four hours in the case of mediation.
2 In a case where one or more of the applicants have been granted an extension for the purposes of mediation, four points, with a maximum of eight points, shall be awarded if the case is given four hours or more.
3 By way of derogation from the first and second paragraphs, a case involving at least seven right-seeking or other persons having a legal interest in one or more disputes relating to their nature and mediation by two mediators, shall be subject to the following: A further 10 points were awarded for less than four hours in that case for four hours or more.
4 If, in a case as a result of the mediation, a determination agreement is concluded, which should be included in a court order for final settlement of the case, the number is to be admitted. know points referred to in the first to third paragraphs, one time by two and a half increase.
5 Article 13, second paragraph, of the legal aid decision 2000 shall apply mutatis mutandis.
1 For the time of travel for the purposes of the provision of mediation due to the fact that one or more of the right-seekers in the case is deprived or restricted, a half-point shall be granted per full stretched 60 kilometres. Article 24, third and fourth paragraph, of the legal aid decision 2000 shall apply mutatis mutandis.
2 For expenses incurred for travel for the purposes of the provision of mediation referred to in the first paragraph, an odometer allowance shall be granted in accordance with the fee paid under Article 8 of the travel decision is granted. Article 25, fourth paragraph, of the legal aid decision 2000 shall apply mutatis mutandis.
The Articles 28, 1st paragraph , 29 , 30 and 31 of the legal aid decision 2000 shall be applicable mutatis mutandis to the determination of the remuneration of a mediator, subject to the following:
a. The mediator in his application for the determination of the fee, if as a result of the mediation, a determination has been concluded and a legal person seeking a claim in respect of a sum of money; has at least 50% of the levy-free assets, reporting from that claim; and
(b) the allowance shall be fixed taking into account: Article 7, first to third paragraphs , of this Decision.
1 The Steering Board shall pay in accordance with the conditions laid down in the Article 10 -The compensation to the mediator.
2 The Articles 32 (2) to (4) , and 33 of the legal aid decision 2000 shall apply mutatis mutandis in respect of the payment referred to in paragraph 1.
3 Article 39 of the legal aid decision 2000 shall apply mutatis mutandis.
This Decision shall enter into force on a date to be determined by Royal Decree.
This Decision is cited as: Decision adding mediation.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 4 May 2009
Beatrix
The Secretary of State for Justice
,N. Albayrak
Issued the 14th of May 2009The Minister of Justice
E. M. H. Hirsch Ballin
