Administration by negotiation in the Netherlands

Abstract

The legal literature in the Netherlands has been paying a considerable amount of attention for some time now to horizontal administration or administration by negotiation., voluntary agreements, mediation, Alternative Dispute Resolution (ADR) and dispute settlement. The issue is still of continued topical interest. As recently as 11 May 2000, the influential Dutch professional association of administrative law (VAR) deliberated about the question of 'alternative dispute resolution in administrative law'. [1] In enforcement this topic also plays a major part, among other things in the, according to some, typically Dutch phenomenon of 'toleration' [gedogen].

In this country report the following issues will be dealt with: administration by negotiation, voluntary agreements, alternative dispute resolution in administrative law and toleration. The English translation of the Instructions for voluntary agreements [Aanwijzingen voor de convenanten] has been appended.