MEDIATIONIN THE PAST-PRESENT-FUTURE themes. Unfortunately, there is no apt transation fully reflecting the Dutch meaning. In short, they encom pass how Dutch citizens think about, deal with and eventually make use of the aw. The policy letter states that Dutch people have become more litigious. This statement, however, is not backed by figures. According to the policy letter, the tendency towards litigiousness, must not be regarded as undesirable, since this is unavoidable in an emancipated, individualised, and internationalised society It is an irreversible development. Nevertheless, the present govemment states that an attempt should be made at resolving disputes through other means than court proceedings. It is essential that people assume responsibility for the resolution of their conflicts. This view fits well the strive for privatisation by the dutch govemment generally. In the light of this, the government is interested in the opportunities of mediation preceding, or during a court procedure. The expectation is that mediation may contribute to reducing the workload of the courts, which themselves are in a process of modemisation. Modemisation of the judiciary has become a major target of the present cabinet. It focuses on improvement of the adm inistration of justice by inter alia reducing the length of court proceedings and mproving access to court. 8 4 Experimental research Following the ADR Policy Letter, the overall project Alternatieve geschilafdoening en mediation (Alternative dispute resolution and mediation) was initiated. It encompasses two specific projects Mediation naast rechtspraak( Court Encoura ged Mediation)and Mediation Gefinancierde rechtsbi stand(Mediation and Legal Aid) he general project runs from 2000 to 2003 and is headed by the national co-ordinator Machteld Pel, vice-president of the court of appeal in Amhem. The organisation and implementation fully resides with the judiciary. A national bureau specially appointed for the duration of the project assists Mrs. Pel. In September 00l the first interim report was published. 1 9 The overall purpose of the project is to advise the Government on the desirability of court annexed mediation In the Court Encouraged Mediation project, mediation is provided as an extra ervice during a court procedure. At the hearing, the judge handling the case may refer the parties to a medator. If such mediation appears unsuccessful, the court procedure will be resumed. The judge is not infomed of the negotiations during the mediation in the event that the court case is resumed. The mediation procedure is free of charge for the parties. The mediator, however, receives a fixed fee, which is directly paid by the Ministry of Justice Next to Court encouraged mediation, there is the project Mediation in de Gefinancierde rechtsbijstand(Mediation within the Legal Aid Scheme), which only started in May 2001. The main goal of this project is to resolve disputes by mediation before a court pocedure is initiated. The emphasis is on prevention. A major requirement is that at least one of the parties is entitled to legal aid. This is Ministry of Justice Rechtspraak in de 2le een Conturenmota modemisering rechterlijke sty Justice Recht van spreken interdepartmental Beleidsonderzoek Bedrijfsvoering RedhtspraakJuly 1999 19. Landelijk project mediation naast rechtspraak Tussentiidse Rapportage(2001)MEDIATION IN THE PAST - PRESENT - FUTURE 5 themes. Unfortunately, there is no apt translation fully reflecting the Dutch meaning. In short, they encompass how Dutch citizens think about, deal with and eventually make use of the law. The policy letter states that Dutch people have become more litigious. This statement, however, is not backed by figures. According to the policy letter, the tendency towards litigiousness, must not be regarded as undesirable, since this is unavoidable in an emancipated, individualised, and internationalised society. It is an irreversible development. Nevertheless, the present government states that an attempt should be made at resolving disputes through other means than court proceedings. It is essential that people assume responsibility for the resolution of their conflicts. This view fits well the strive for privatisation by the Dutch government generally. In the light of this, the government is interested in the opportunities of mediation preceding, or during a court procedure. The expectation is that mediation may contribute to reducing the workload of the courts, which themselves are in a process of modernisation. Modernisation of the judiciary has become a major target of the present cabinet. It focuses on improvement of the administration of justice by inter alia reducing the length of court proceedings and improving access to court.18 4 Experimental research Following the ADR Policy Letter, the overall project Alternatieve geschilafdoening en mediation (Alternative dispute resolution and mediation) was initiated. It encompasses two specific projects: Mediation naast rechtspraak (Court Encouraged Mediation) and Mediation Gefinancierde Rechtsbijstand (Mediation and Legal Aid). The general project runs from 2000 to 2003 and is headed by the national co-ordinator Machteld Pel, vice-president of the court of appeal in Arnhem. The organisation and implementation fully resides with the judiciary. A national bureau specially appointed for the duration of the project assists Mrs. Pel. In September 2001 the first interim report was published.19 The overall purpose of the project is to advise the Government on the desirability of court annexed mediation. In the Court Encouraged Mediation project, mediation is provided as an extra service during a court procedure. At the hearing, the judge handling the case may refer the parties to a mediator. If such mediation appears unsuccessful, the court procedure will be resumed. The judge is not informed of the negotiations during the mediation in the event that the court case is resumed. The mediation procedure is free of charge for the parties. The mediator, however, receives a fixed fee, which is directly paid by the Ministry of Justice. Next to Court encouraged mediation, there is the project Mediation in de Gefinancierde Rechtsbijstand (Mediation within the Legal Aid Scheme), which only started in May 2001. The main goal of this project is to resolve disputes by mediation, before a court procedure is initiated. The emphasis is on prevention. A major requirement is that at least one of the parties is entitled to legal aid. This is 18. Ministry of Justice Rechtspraak in de 21e eeuw Contourennota modernisering rechterlijke organisatie December 1998; Ministry of Justice Recht van spreken Interdepartmentaal Beleidsonderzoek Bedrijfsvoering RechtspraakJuly 1999. 19. Landelijk project mediation naast rechtspraak Tussentijdse Rapportage (2001)