Mediation is voluntary, not mandatory
Mediation is not mandatory in rental disputes in Belgium. It is a voluntary process that both parties must agree to. However, the justice of the peace may propose judicial mediation before ruling. Free conciliation at the justice of the peace is a separate, simpler process and is always available.
Belgian law distinguishes between three forms of amicable dispute resolution:
- Free conciliation at the justice of the peace: the clerk summons both parties to try to reach an agreement. This is free and informal.
- Judicial mediation: proposed by the judge during proceedings. A certified mediator is appointed, and costs are shared between the parties.
- Voluntary mediation: initiated by the parties themselves, at any time, even outside court proceedings. The agreement can be homologated by the judge and becomes enforceable.
None of these three forms is mandatory. However, conciliation is strongly recommended before filing a formal claim.
How mediation works in practice
| Aspect | Conciliation | Judicial mediation | Voluntary mediation |
|---|---|---|---|
| Initiated by | Either party | The judge | Both parties jointly |
| Cost | Free | Shared (mediator fees) | Shared (mediator fees) |
| Duration | 1 hearing | 3 to 6 months | Variable |
| Outcome | Agreement or failure | Agreement or return to court | Agreement or nothing |
| Enforceable | If homologated | If homologated | If homologated |
Before engaging a paid mediator, always try free conciliation at the justice of the peace. It resolves a significant proportion of rental disputes quickly and at no cost.
Advantages and limitations
Advantages of mediation:
- Faster than court proceedings (weeks instead of months)
- Cheaper than a full trial (no lawyer fees, no procedural compensation)
- Confidential — unlike court proceedings, which are public
- Preserves the relationship between landlord and tenant
- Creative solutions possible (payment plans, reduced rent, early termination)
Limitations:
- Both parties must agree to participate — neither can be forced
- If mediation fails, the dispute returns to court and the process starts over
- Mediator fees (typically 500-1500 EUR) are shared between the parties
- No guarantee of outcome — unlike a court judgment, which is binding
Regional specifics
Brussels-Capital Region
The Ordinance of 27 July 2017 promotes mediation in rental disputes. Some Brussels municipalities offer free mediation services through the CPAS or community mediation centres.
Wallonia
The Decree of 15 March 2018 encourages amicable resolution. Walloon justices of the peace are particularly active in proposing conciliation before formal proceedings.
Flanders
The Flemish Housing Rental Decree of 9 November 2018 provides a framework for mediation. The Flemish government promotes the use of certified mediators in rental disputes through the Huurdersbonden (tenant associations).
Judicial Code, articles 731 to 734 (conciliation). Judicial Code, articles 1724 to 1737 (mediation). Law of 21 February 2005 on mediation.