schikkingen

Schikkingen is a Dutch term referring to settlements or arrangements between parties to resolve disputes or potential disputes, often to avoid longer litigation or formal prosecution. The concept covers both civil and criminal contexts and can also appear in administrative or tax matters.

In civil law, a schikking is an out-of-court settlement reached by negotiation or mediation. The parties agree on terms such as payment, performance of obligations, or concessions, and the dispute is terminated or claims are withdrawn. Such settlements are binding once reduced to writing and signed by the involved parties or their representatives.

In criminal law, the term is used for a negotiated settlement offered by the Public Prosecution Service to suspects in minor offenses. This is sometimes referred to as a transactie or schikking, depending on the jurisdiction. Terms may include a monetary fine, restitution to victims, community service, or other corrective measures. Accepting a schikking typically leads to dismissal or non-prosecution of the case, while rejection allows the ordinary criminal procedure to proceed.

In administrative and tax practice, the expression minnelijke schikking is common and denotes an amicable settlement with authorities to resolve claims, often for a fixed amount or agreed terms without formal enforcement procedures.

Legal effect and procedures vary by jurisdiction, but common features include voluntary agreement, clear terms, and a written record. Critics note that schikkingen can reduce judicial workload and speed up resolution, but may raise concerns about due process, transparency, and consistency in penalties.

See also: settlement (civil procedure), transactie (Dutch criminal law), amicale ou minnelijke schikking.