Mediation instead of a complaint

• What is mediation?
• When does mediation work well?
• When is it better to make a complaint?
• How do you request mediation?
• Important: the complaint deadline continues to run

What is mediation?

Every prison has a supervisory committee (commissie van toezicht). Members of this committee hold consultation sessions as the monthly visiting commissioner (maandcommissaris). You can speak to them about problems in the prison. The monthly visiting commissioner can try to mediate between you and the prison: they raise your problem with the management or the unit and look for a practical solution.

Mediation is informal. There is no ruling, and no decision is made about who is right. The aim is to resolve the problem.

When does mediation work well?

• For practical problems, such as mail that does not arrive or belongings that have gone missing.
• For misunderstandings about the daily programme, work or visiting times.
• For tensions with a member of staff or within the unit.
• If you want to restore communication and are not seeking a formal decision.

When is it better to make a complaint?

A formal complaint (beklag) is more appropriate if:

• The issue concerns a formal decision by the prison governor, such as a disciplinary punishment or measure.
• You want compensation for what has happened.
• The problem keeps recurring and earlier agreements have not been honoured.
• You want an independent finding that the decision was wrong.

You can also do both

You can submit a formal complaint (beklag) while remaining open to mediation. If the problem is resolved, you can still withdraw the complaint.

How do you request mediation?

You can fill in a request slip to speak to the monthly visiting commissioner (maandcommissaris), or write to the office of the supervisory committee (commissie van toezicht) in the prison. Briefly explain what is happening, what you have already tried and what you would like to happen. Stick to the facts: this makes it easier for the monthly visiting commissioner to take the matter up with the prison.

Important: the complaint deadline continues to run

This is the most important point to bear in mind. While you are waiting for mediation, the seven-day deadline for submitting a formal complaint (beklag) continues to run. If the matter concerns a formal decision, submit a written complaint (klaagschrift) in time to be on the safe side. If mediation succeeds, you can always withdraw the complaint later.

Frequently asked questions

Is the monthly visiting commissioner independent?

Yes. The supervisory committee (commissie van toezicht) is independent of the prison and monitors how prisoners are treated on behalf of society.

Will I receive a written outcome?

Mediation usually ends with verbal feedback or a short letter setting out what has been agreed. It is not a binding ruling.

Can my lawyer help with mediation?

You usually handle mediation yourself. However, your lawyer can advise you on the approach and, in the meantime, keep track of the complaint deadline (beklagtermijn) so that it does not pass unnoticed.

This page draws on the expertise of Mr. S.P.C. (Stan) Broekmans, a specialist in detention law at Hameleers Antonides Advocaten. Do you have a question about your own situation? Please get in touch; an initial assessment is free.