Differences between mediation agreement and settlement agreement in Utrecht rental disputes

In Utrecht, a mediation agreement fundamentally differs from a settlement agreement, particularly relevant for tenants and landlords in vibrant student and expat neighborhoods such as Kanaleneiland or Lombok. The mediation agreement arises from mediation processes at Utrecht institutions like the Juridisch Loket Utrecht and focuses on voluntary, relational solutions, while the settlement agreement is a consensual settlement ex article 7:900 BW with stricter formal requirements, often notarized by a Utrecht notary. In rental disputes involving evictions or rent arrears, a settlement agreement provides an executory title, enabling direct enforcement via the bailiff in Utrecht without a new procedure at the Rechtbank Midden-Nederland in Utrecht. Mediation agreements are more flexible but less directly enforceable, ideal for temporary issues such as in Utrecht temporary rental contracts for students. Choose mediation to preserve the relationship, for example in neighbor disputes in Oudwijk; a settlement agreement for definitive settlement such as in illegal subletting. Legally, mediation falls under the Wet kwaliteitseisen eigen werkgelegenheid, settlement under BW Book 7. Practical example: in Utrecht eviction disputes due to nuisance in residential complexes, a settlement agreement prevents lengthy procedures before the kantonrechter. Note: a mediation agreement can be converted into a settlement agreement via a Utrecht mediator for added security. This distinction minimizes risks specific to the Utrecht rental market with high demand for housing.