MEDIATION

MEDIATION

We are experts in Family Mediation and Traffic Accident Mediation

We have a team of Family Mediators duly accredited and registered in the State Registry of Mediators and Mediation Institutions of the Ministry of Justice. The Mediation Department also has professionals specialized in Traffic Accident Mediation by the International School of Mediation.

Alternative dispute resolution method

La Mediation is

An excellent alternative method of conflict resolution, in which the parties involved, with the help of an impartial third party (the mediator), manage by themselves, through dialogue and negotiation, to reach mutually satisfactory agreements and achieve a solution to the existing problem.
It is an ideal formula to be used in problem solving, promoting communication, helping people to solve conflicts and seeking acceptable solutions for all parties.
It consists of promoting a meeting between two or more people who are in a situation of disagreement, in order to achieve a lasting understanding in which all those affected feel represented, with the result achieved being beneficial for all the people involved in the process.
It is a method of positive conflict resolution, which is governed by its own principles. The mediator is neutral in these processes and does not decide or impose the solution, but facilitates and helps the opposing parties to communicate in an effective, respectful and cordial manner.
It is an active cooperative negotiation, since it sows a solution in which all the people involved win or obtain an improvement in the way they relate to each other.

Rapprochement between the parties

The mediator plays the role of facilitator of communication between the opposing parties. He/she is not an arbitrator or judge, since it is not the mediator who resolves the conflict, but the parties involved in these processes.

When communication between the parties becomes tense or non-existent, the magnitude of the problem increases. For this reason, the mediator seeks to improve the communication capacity between the affected parties, exploring and enhancing attitudes, as well as promoting a rapprochement of mutual positions.

Promotes communication and an adequate understanding

The primary function of the mediator is to encourage communication between those who decide to undergo mediation, so that there are no interferences that hinder the common understanding and make it possible that there are no misinterpretations between what each party expresses and what the other perceives, trying to reduce and dissuade conflicting positions, avoiding any resentment, mistrust or misunderstandings that can increase tension when a message is not properly transmitted.
Positive perception of the process
Mediation processes achieve a change of opinion with respect to what the parties involved may initially perceive, so that, with time and mediation work, the negative concept of the conflict is transformed and gives way to new positive connotations of opportunity, growth, enrichment, learning, understanding, strengthening of the relationship or satisfaction of the parties, among many other possibilities.
Advantages

Mutual agreement
The decision reached in these processes is adopted by mutual agreement of the parties and not imposed by a Court or third party, being the affected parties themselves the protagonists of their procedure. It is then when the emotional restoration that benefits all the members who decide to initiate the mediation really takes place.
Freedom of decision
There is always the possibility of ending the mediation if the persons subject to it so consider, even if no agreement has been reached, promoting the active participation of the parties, who may express themselves freely at all times.
Voluntary nature
It is an eminently voluntary instance, where the affected parties decide to participate or not in the mediation process and to end it at any time, without being obliged to reach an agreement.
Flexibility
The decision adopted shall be taken jointly by the parties and desirably complied with by them. In no case shall imposed agreements be complied with, as would be the case in a judicial process.
Confidentiality
The principle of confidentiality always prevails, not disclosing any personal data that the affected parties do not wish to make public.
Simplicity
Mediation is not subject to procedural rules, with the advantages that this entails, being able to act outside the Courts and Tribunals.
Agility
It is an immediate and agile process. It adapts to your schedule and needs and can be started at any time.
Cooperation
It is a system of cooperative intervention, in which the parties act, negotiate and propose solutions.
Balance
The mediators are advocates of an equitable and balanced process, so they will try at all times to ensure that there is equality between the parties who come to mediation. Failing that, they will promote the empowerment of the disadvantaged party in order to achieve an equal position among the members who wish to be subjected to this type of methods.
Cost reduction
It reduces the economic cost of the process and the time it takes to resolve the conflict, compared to any other alternative way to try to resolve a controversy.
Well-being
Less emotional wear and tear and a reduction in the time in which the resolution of a case may be delayed, thus reducing the time needed to resolve the conflict. The active participation of the affected parties in the mediation process implies a greater perception of closeness to the possible solution, increasing their confidence and positive perception of the situation, since it has given them the possibility of participating directly in the satisfactory resolution of the conflict.
Ease
In mediation there are no winners or losers, only responsible and respectful people with the decisions that matter in their lives, making the path to any possible solution easy.

FAMILY MEDIATION

The mediation acquires a special transcendence in case of separations or divorces, especially when there are children in common and they are minors. In these cases, it is crucial to find an amicable solution, ensuring the best interests of the minor, and the welfare of their parents, since it will always be more beneficial and acceptable, to comply with measures adopted by mutual agreement by those affected, than having to comply with those that could be imposed by the Courts and Tribunals, where a third party decides and probably, none of the parties will be fully satisfied, thus hindering any form of communication or rapprochement between the parties.

From our Mediation Department, we try to provide resources to people in their close relationships, correcting the family dynamics that had become a source of controversies and difficulties, modifying the interactions between the different members of the family and helping them to reach beneficial and satisfactory agreements for all of them, since it is proven that the mediation processes that culminate satisfactorily, allow an understanding between the people subjected to this type of interventions.

MEDIATION IN TRAFFIC ACCIDENTS

In cases of traffic accidents, the parties involved may resort to the mediation procedure in accordance with the provisions of the legislation in force on this matter. Thus, the injured party may request the initiation of mediation within a maximum period of two months from the time of receipt of the reasoned offer.

As in any type of mediation process, this mediation is voluntary for the injured party and the insurance company must be present. If after the first mediation session (informative session), any of the parties wants to withdraw because they consider that they will not reach an agreement, they can do so at any time. If in this period of time there is no agreement, the mediation process will be suspended and the parties will be able to go to court.

Likewise, the agreements between the parties are binding. Mediation is destined to play a relevant role as an efficient institution in the resolution of conflicts in traffic claims, bringing great benefit and security to the injured party, while it is a competitive advantage for insurers.

The mediators must be professionals specialized in civil liability within the field of traffic and in the valuation system provided for in Law 35/21015. That is to say, they must know the applicable legislation to that effect, intervene as an expert facilitator of a negotiation and accredit specific training to practice mediation in this field, in addition to developing an active conduct promoting an agreement between the parties involved.

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