Dispute with a supplier, client or commercial partner? B2B mediation preserves the business relationship while finding a rapid, balanced solution — without going through the business court.
When two businesses clash, the stakes are almost never purely contractual. There are commercial relationships to preserve (or wind down cleanly), teams that know each other, reputational stakes, deadlines weighing on cash flow, ongoing investments that cannot wait 24 months for a court decision.
Before the business court, the judge decides the dispute according to the law, in hearings that are in principle public (Belgian Constitution, Art. 148). In mediation, the parties build their own agreement in a confidential setting (Belgian Judicial Code, Art. 1728). Mediation allows all dimensions of the conflict to be addressed: legal of course, but also economic, human and strategic. Above all, it gives businesses control over the solution.
"In 80% of B2B disputes, what costs the most is not the amount at stake — it is wasted time, diverted energy and damaged relationships. Mediation addresses all three."
Late delivery, quality defects, disagreement on specifications, disputed invoices, unilateral termination of framework contract.
Non-payment, complaint about delivered services, dispute over additional quotes, disagreement over warranty.
End of a distribution agreement, joint venture or subcontracting contract. How to exit cleanly, without destroying value?
Client poaching, employee headhunting, use of know-how. Sensitive topics often better handled in mediation than in public court.
Defects, delays, subcontracting, disputed technical expertise. A particularly suitable framework when several businesses are involved (client, architect, contractors).
Poorly defined specifications, budget overruns, functional non-compliance, ownership of code or deliverables. Technical topics that judges rarely master.
| Criterion | Court proceedings (business court) | B2B mediation |
|---|---|---|
| Timeframe | 12 to 24 months (or more with appeal) | 4 to 8 weeks |
| Cost | €10,000 to €50,000 (lawyers + costs) | €2,000 to €8,000 shared |
| Confidentiality | Hearings public in principle; judgment made public as provided by law (Belgian Constitution, Art. 148 and 149) | Strict (art. 1728 Belgian Judicial Code) |
| Control over outcome | None — the judge decides | Total — co-built agreement |
| Business relationship | Generally definitively broken | Often preserved or even strengthened |
| Legal force of outcome | Enforceable judgment | Agreement can be approved (art. 1733 Belgian Judicial Code) |
Our mediators are not theorists. Lionel Fuchs, our co-president, is a business owner and commercial court judge at the Hainaut Business Court (Charleroi). He has spent his professional life in the business world and knows the operational reality of the leaders he supports.
Xavier van den Bossche and Tuan-Anh Bui, lawyers at the Brussels Bar, bring legal rigour and fine understanding of Belgian commercial contracts. Nathalie Meffre, consultant and coach, handles relational and organisational dimensions.
This multidisciplinary approach, rare in Belgium, is particularly valuable in B2B, where the stakes are always multi-dimensional.
Absolutely not. Mediation remains possible during court proceedings. The judge may even suggest or order it (art. 1734 Belgian Judicial Code). The resulting agreement then ends the proceedings. Very often, mediation during proceedings unblocks in a few weeks a case that has been stuck for months.
Mediation is not a zero-sum negotiation. It often allows to understand why the client refuses (underlying dispute, cash-flow difficulties, hidden dissatisfaction) and to reach a realistic payment schedule rather than an unenforceable judgment against a struggling company.
No, mediation is voluntary. But in our practice, an invitation to mediation from a neutral third party (such as Mediation4U) is accepted in the vast majority of cases — far more than when it comes directly from the opposing lawyer. It is a first strategic lever.
On average 4 to 8 weeks, or 2 to 5 sessions of 2 to 3 hours. Simple cases (invoice dispute, contractual misunderstanding) can be resolved in a single session. Complex cases (partnership breakdown, construction dispute) may take longer.
Yes, very strictly, by article 1728 of the Belgian Judicial Code. Nothing said in mediation can be used in subsequent proceedings — not even by the judge subsequently seized. It is a sanctuarised space, allowing parties to speak freely.
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Read the article →Contact us confidentially. A first 30-minute discussion is enough to assess whether B2B mediation can save you time, money and preserve your business relationship.
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