Martin Brink
Mediator
Short Introduction
Martin is a mediator with over 20 years experience in commercial mediation. The leading international referral guide “Who’s Who Legal”selected Martin as ‘leader in the field of mediation’ in the category ‘Most Highly Regarded Individuals’. His philosophy is, don't be parties with a problem (about who is right?), but partners with a problem (what is a solution?). If it cannot be solved the way it must solved, then is must be solved the way it can be solved.
About Work
Martin has mediated mostly between professional parties. His experience is gained in many fields, e.g. corporate disputes, financial markets (e.g. private equity), insolvency cases and in the field of IT and intellectual property, mediating cases within and outside of The Netherlands (e.g. Germany, Switserland, Belgium). He is aware of the influence of culture when cross border parties are involved.
Martin has mediated cases between shareholders, utility companies, government agencies and companies and is regularly asked by courts to mediate in insolvency cases between the receiver and stakeholders, and in cases of industrial disputes (trade union issues and co-determination). He has been an attorney at law for 50 years and has also been a substitute magistrate in the The Hague Court of Appeals, which together with positions in corporate governance bodies of companies have provided him with a in depth understanding of organisations.
Mediation is not for the faint at heart. Martin believes issues are there to be addressed. Avoiding the dentist in case of a toothache, normally means more pain, time and costs.
When parties are sincere, they are both right. He is a firm believer of the value of the mutual validation of self-respect by participants in mediation.
Martin incorporated the Dutch Corporate Mediation Association, which after a merger now is the Dutch Platform Business Mediation. He is presently writing a book with the working title "Mediators as Advisors, about autonomy and self-determination". He was a member of the working party that formulated the IBA Rules for Investor-State Mediation.
Expertise
- Employment & Workplace
- Commercial & Corporate
- Construction, Property & Planning
- Banking, Finance & Insurances
- Public Sector & Governance
- Industry, Energy & Environment
- International Trade & Competition
- Healthcare & Personal Matters
- Technology, Media & IP
Languages
- English
- Dutch
- German (intermediate)
- French (intermediate)
Awards
Memberships
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Dutch Mediation Federation
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International Mediation Institute
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Centre for Effective Dispute Resolution
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Dutch Foundation for the Settlement of Automation Disputes.
Publications
- Book (in Dutch)
Business Mediation and Subject Matter Expertise. - “A Definition of Mediation.”
Published in CMJ (Boomportaal). - “Corporate Mediation: A Proposition?”
CMJ 2018/2. - “Selecting a Mediator.”
CMJ 2022/6. - “Dispute-Wise in the Supply Chain?”
CMJ 2020/4. - “Evaluative Mediation (Part I), An Analysis.”
CMJ 2021/5.