Mediation process in Spain
Our mediation team resolves the most challenging mediation cases. Lexidy's mediators strive to reach a consensus between both parties regarding the best interests of the clients.
Mediation plays a vital role in the business environment. In contrast to the long court process, mediators help reach results efficiently while benefiting the clients' time, expenses, and convenience.
Cooperation that changes businesses
What is Mediation?
Contrary to court procedures such as Debt collection, Mediation is an alternative system of conflict resolution. Mediation benefits business and individuals due to its confidential and effective nature. In mediation, the parties enter into a dialogue to reach a common agreement that puts an end to the dispute. The invitation of an unprejudiced and neutral third party, as the mediator, can efficiently facilitate the process.
Reach to our answered questions to know more about mediation.
Do you need a Mediator in your business?
Mediation does not force the parties to reach an agreement. It attempts to prevent the weaker party from being forced to sign or accept conditions that he or she considers unfair or contrary to his or her interests and rights. Professional mediation will lead to a mutually satisfactory agreement.
Mediator has to follow the fundamental principles of impartiality. The mediator conducts the sessions but does not take sides with one party or the other. He or she will never give the solution to the dispute, since it is always the parties who will decide, through dialogue, which is the best solution to take.
Unlike in court, where the judge is the one who takes turns, one or both parties can choose the mediator.
HOW CAN AN EXPERT HELP YOU?
Lexidy is an international law firm and we can provide the best legal advice to the client to initiate a mediation procedure, report consistently and achieve a satisfactory solution.
In traditional mediation, there are always three parties: the two parties, who are the people affected by the conflict, and the mediator, who will provide the necessary tools to the conflicting parties so that they can reach a win-win agreement on their own.
If the parties so request by mutual agreement, an expert in a specific field, independent of the parties, may intervene. It is therefore important that professionals are aware of professional mediation procedures, encourage and support its application.
Mediation experts in Spain
Head of Litigation Department
Antonio Torres Valdés
Process of Mediation by our lawyers
- Once the parties submit their request to transfer the dispute to a mediation process, a mediator will be appointed.
- The mediator will call the parties to attend a session to inform them of the mediation procedure, its cost, the organisation and the legal consequences of the agreement reached.
- After this informative session and after establishing the object of the conflict, the procedure will be concentrated in the minimum number of sessions, which represents a clear advantage over judicial proceedings.
- Due to the legal nature of the procedure, the parties can defend their interests as long as these do not contravene public order and do not harm third parties.
- The final agreement will in no case have the effect of res judicata, although it may be enforceable. The settlement contract may be challenged by bringing an action on the grounds that invalidate other party interests.
- Therefore, the agreement contained in the final minutes of mediation can never be contrary to law, in which case it would be null and void. This is why it is important to have knowledge of the mediation matter and act regarding the law.
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Lexidy Law Boutique is a modern, dynamic, and innovative law firm. We always put customers at the center of our work. Our team is committed to providing a client with an exceptional experience. Our expertise in Sapin and Portugal allows us to solve complex problems thoroughly and cut all the risks before they may happen.
Frequently Asked Questions
1. How much Mediation cost?
It depends on the matter in dispute and the amount in dispute. It requires a case-by-case consultation to undestand scope of the future work.
By instance, the mediation procedure cannot be appealed, but it is possible to request the nullity of the mediation on the grounds that it did not comply with the law.
The opposing party cannot be forced to go to mediation. If the opposing party does not wish to do so, the judicial channel will be available for the creditor to satisfy its collection rights.
The mediator helps the parties to reach an agreement. It is recommended that the mediator be a lawyer, as all the decision must not be against the rule of law. In very specific matters, it is necessary to know or study the specific legislation. In short, the mediator is a lawyer who acts as a conciliator between the parties to bring the parties closer together and avoid going to court.
5. Can mediation be done over the phone?
In principle, in Spain, it is done online, by electronic means. Both the parties and the mediator are subject to Law 59/2003, of December 19, 2003, on electronic signatures, which guarantees the identity of the signatories. It will be possible to act by means of a representative as long as it is accredited before the mediator or the mediation institution.
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