Mediation Services in Spain
What is mediation?
Mediation is an alternative system of conflict resolution, which is usually beyond the court system, is confidential and voluntary. Through this approach both parties enter a dialogue with a goal to reach a common agreement that ends the dispute. To maximise the chances of a successful outcome, the intervention of an impartial and neutral third party, such as a mediator, is required.
How does mediation work?
Mediation brings together two or more parties, who are in a conflict, into an environment where there are no obligations. Neither party is forced to reach an agreement and no agreement is imposed.
This process usually succeeds when after avenues fail because it’s based on the fundamental principle of impartiality and led by a mediator. A successful outcome is based on reaching a mutually satisfactory agreement.
The mediator conducts the sessions without fear or favour. They never provide a solution for the dispute and instead, through dialogue, let the disputing parties each the best solution. Also, the meditator can be selected by the parties, unlike in court where judges take turns.
How can a lawyer help me?
Our experienced litigation lawyers help clients receive the best legal advice when entering the mediation procedure.
Lexidy’s dispute resolution experts can help provide the necessary tools to help the conflicting parties towards a win-win agreement on their own.
We can, with mutual agreement, can leverage independent experts to provide guidance on matters that help deliver a mutually agreed outcome.
¨We will be with you each step of your journey.¨
– Immigration Team
What is the Mediation Process?
- A mediator is appointed after the parties have agreed to undergo a mediation process.
- The parties are invited to a session led by the mediator, who explains the what may affect their impartiality. They also share their expression, how the mediation with proceed and the legal consequences of reaching an agreement.
- The mediator commences the procedure and aims to be as brief as possible. This keeps minds and actions focused, which makes it faster than court proceedings.
- During the session(s), the parties defend their interests within the law that governs the matter at hand.
- If a final agreement is agreed, it will not be a judgement but may be enforceable through a settlement contract. However, this may be challenged by bringing an action the grounds that invalidate the contract.
- The agreement cannot defy the law. So it’s important that if the mediator lacks specific knowledge on the topic, they are advised by external collaborators with exhaustive knowledge of the problem and the alternatives for resolution.
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Frequently Asked Questions
The cost depends on the disputed matter, so is usually decided on a case-by-case basis.
The mediator helps the parties to reach an agreement. Often, a lawyer is selected to be a mediator to prevent resolutions that are against the law. The main difference is that the mediator is a lawyer who is acting in conciliator role with the goal to avoid going to court.
The opposing party cannot be forced to go into mediation. If the opposing party doesn’t wish to mediate, then judicial action is the next available route.
The mediation cannot be appealed but it can be annulled if the resolution doesn’t comply with the law.
In Spain, meditations are completed online because both parties provide electronic signatures. It is possible to appoint a representative as long as they are accredited by the mediator or the mediation institution.