Mark de Krosse

A human, yet no-nonsense approach.

Business mediation

When thinking of business mediation, you should consider commercial conflicts. These can include disputes between shareholders, as well as conflicts between the supervisory board and executive members or between management and the works council.

Conflicts often arise during mergers and succession, especially in family businesses where personal and professional matters frequently intertwine. Additionally, divorce can often complicate these situations.

Due to my background, I have extensive experience with medium-sized international family businesses. I understand the mentality and the needs of entrepreneurs, as well as other stakeholders in an organization.

I can also assist in disputes between different companies or within joint ventures, both nationally and internationally. In the vast majority of cases, conflicts are resolved within a few weeks. Of course, the solution is well documented in writing.

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Group mediation

Group mediation is mediation involving more than two parties. Parties can be departments as well as individuals. Group conflicts occur not only in companies but also in other (non-profit) organizations. Think of schools, associations, or hospitals.

If four or more parties are involved in a conflict, co-mediation is highly recommended. In co-mediation, multiple mediators are active in the mediation process. In my network, there are several good and experienced mediators with whom I regularly collaborate.

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A broader perspective than just the legal lens

In my practice, I encounter very few situations where a conflict is purely legal in nature. In fact, I never do! When two parties invite the land registry and the mobile judge to determine whether a fence is precisely on the property line, that fence is never the source of the conflict. There is always more at play than just the location of a fence that has stood in the same place for many years. This also produces the amusing television shows.

In every conflict, besides the legal aspect, there is a whole other side. Sustainable and lasting solutions are always found by also incorporating the non-legal elements into the resolution. This is something a judge can hardly do. The judge may rule on the placement of the fence and may prohibit or mandate certain behaviors under the threat of a penalty, but that’s about it. The underlying conflict or its cause, often poor communication, often remains unresolved.

In mediation, the legal position of the parties also plays a role; it cannot be otherwise. However, in mediation, we look beyond that—at what motivates the parties, what their wishes are beyond a possible legal outcome. How do the parties want to move forward into the future? By its nature, mediation is not only faster and cheaper than a legal battle but also often better!