Legal tools for amicable dispute resolution in Belgian (family) courts

Abstract

Alternative/amicable dispute resolution (ADR) is omnipresent these days. In line with global developments, the Belgian legislator has embraced the use of ADR mechanisms, starting with family law. In 2013, Belgium took a major step forward in promoting ADR in family matters. A duty to inform regarding all types of ADR was introduced for both the judge’s clerk and the Family Court itself. In addition, a specific ‘Chamber of Amicable Settlement’ was created within the Family Court, where a trained and actively involved family judge now helps the parties to negotiate an agreement. Hence, in-court ADR was installed by law. Prior to this legislative reform, other initiatives had been taken, but had proven to be insufficient. In 2018, a more comprehensive reform followed, which envisioned implementation of ADR not only in family cases, but in all civil cases. When it comes to ADR, too often all eyes are on mediation. This article primarily considers the understudied subject of the Belgian Chamber of Amicable Settlement, which could highlight areas of concern for foreign in-court ADR systems as well. The ultimate aim of this chamber is to restore people’s faith in the justice system, improve the degree of satisfaction of the parties involved with both the process and the outcome, and have the parties reach a solution tailored to their needs in a fast and low-cost manner. Given the myriad of possible benefits and the lack of research on this topic, these settlements need to be investigated more thoroughly; all the more so because of the upcoming legislative evaluation , the goal of which is to implement best practices in all Family Courts in Belgium. Firstly, this article aims to acquaint the reader with the specific, lesser-known concept of amicable settlement by briefly explaining its 1