Civil, commercial and corporate mediation.
Mediation is a way of dealing with a conflict whereby a professionally trained mediator facilitates and guides communication between the parties involved in a disagreement. They lead conciliation talks with necessary techniques and tools, keep the parties aware of their responsibilities and encourage them to negotiate. A mediator helps propose solutions, taking all agendas at play into consideration, in order to find all-encompassing solutions offering stability and security upon completion.
In mediation, parties need to be properly advised by qualified professionals (since a mediator isn’t necessarily an advisor). These professionals advise within the framework of their skill or field, but don’t delegate to a third party conflict resolution service. By working with a mediator, the parties themselves are the ones that take control of the situation and take responsibility for its resolution.
PRINCIPLES OF MEDIATON
The underlying principles of mediation are:
1) Willingness. For those taking part in mediation from the beginning and throughout the process, it is entirely voluntary and they are free to decide at any point if they wish to continue – or not.
2) Confidentiality. Any and all information shared during the mediation process cannot, under any circumstances, be revealed to a third party.
4) Neutrality. The purpose of the mediator is to channel communication between disputing parties without taking sides but by operating as a link between them and always acting with total impartiality.
BENEFITS OF MEDIATION
There are many advantages of choosing mediation, some of which are:
1. THE CENTRAL ROLE of the parties in their conflict resolution. Given that they participate and make proposals and decisions, it is they who take control of the conflict and take responsibility for the case. Naturally, the participants also understand the finer details of their case best.
2. SECURITY in the result in that it is not transferred to a third party, Judge or arbitrator who cannot know the situation as well as the concerned parties. Statistics suggest that leaving your problem in the hands of a third party usually ends in less fulfilment and less satisfaction for concerned parties, while taking the route of mediation is proven to yield the opposite results.
3. PRICES. With an extrajudicial, peaceful solution you can avoid the costs of legal proceedings. It’s not just savvy from a financial perspective; it also saves in time, stress and added emotional strain in the majority of disputes.
4. IMPARTIALITY. Given that the concerned parties actively make decisions, they do not run the risk of an openly biased third party taking sides, to their potential detriment.
5. SPEED. The mediation process, as complex as it may be, will be noticeably shorter than any legal process. This results in savings in terms of costs, time and emotional strain as previously mentioned.
This system, widely established and developed in English-speaking counties, can be used to tackle a whole range of conflicts in any area between individuals or between companies, both at national and international levels.
Mediation excels in the following areas:
• PREVENTION of conflict between individuals and companies in general
• PREVENTION of conflict in FAMILY BUSINESSES
• In all possible COMMERCIAL issues
• In all types of CIVIL matters
• In personal matters, such as divorces and separations, guardianships or custody, matters concerning minors, liquidation of joint property, disabilities, inheritance and estates, contractual fulfilment, and civil responsibility, etc.
• In INTERNATIONAL COMMERCIAL MATTERS we can mediate in Spanish, German and English.
• In organisations such as healthcare facilities, schools, etc.
• Community issues, such as residents’ associations.
• In any conflict situation where the parties cannot or do not know how to communicate properly to tackle an issue in a constructive, collaborative way.