Mark de Krosse

A human, yet no-nonsense approach.

Exit Mediation: What is it and why is it important?

Exit mediation is a method within the field of workplace mediation where an employer and an employee mutually agree to part ways. This process is often employed when the working relationship is no longer functioning well or when the employer and employee have differing expectations about the future. Exit mediation offers a constructive way for both parties to separate respectfully and on mutually agreeable terms.

In this article, we will explore what exit mediation entails, its role in cases of (long-term) illness, and the pitfalls to avoid.

Why choose exit mediation?

Exit mediation is designed to ensure that the termination process proceeds smoothly and fairly for both parties. A workplace mediator facilitates the process, mediating between employer and employee to reach a mutually beneficial agreement. This agreement may address issues such as severance pay or the (partial) release from work obligations.

One of the key benefits of exit mediation is that it is confidential and collaboration-focused. This helps prevent escalation, saving both time and money. Moreover, it provides a humane approach, which is especially important in emotionally charged situations.

Exit mediation during illness

When an employee is long-term ill and reintegration seems unfeasible, both parties may decide to part ways. This process can be complex due to legal requirements regarding wage continuation and new reintegration obligations.

A mediator can play a crucial role in such situations, helping both parties find a solution that aligns with legal frameworks. For instance, a settlement agreement can be drawn up, detailing the terms of employment termination, including financial arrangements. It is crucial that these agreements comply with the Gatekeeper Improvement Act (Wet verbetering poortwachter) and that employees have sufficient opportunity to seek independent advice.

Engaging a mediator can help prevent disputes related to illness and termination, allowing the employer and employee to part ways amicably.

Watch out for potential pitfalls

While exit mediation offers many benefits, there are pitfalls to be aware of. A common mistake is entering the mediation process without adequate preparation, which can lead to misunderstandings and unrealistic expectations.

Another pitfall is choosing a mediator without sufficient experience in workplace conflicts. It is important to select a qualified mediator familiar with the legal and emotional aspects of workplace disputes and termination.

Additionally, attention must be given to the legal soundness of the agreements made. Clarity is essential to prevent misunderstandings later on. A mediator ensures that this is addressed.

The benefits of exit mediation

Exit mediation offers numerous advantages. Most importantly, it provides both parties with the opportunity to part ways respectfully and fairly. While not all conflicts can be resolved, it is