Mediation is an alternative procedure to judicial means for resolving conflicts. The parties go to mediation voluntarily to seek an economical, quick solution that maintains good relations with the other party.
But what does this procedure consist of? These are the main steps of the mediation process:
First of all, the mediation request, carried out by all the parties or only by one of them when there was a prior agreement to undergo mediation in their disputes. This application must define who will be the mediator or mediation institution.
After receiving the request, the mediator must organize a Informative session where he will explain to the parties what his role, his training and his experience are. For claims of less than 600 euros, this session will preferably be done by videoconference or similar.
The next step will be to hold a constituent session which should lay the foundations for the procedure. This is where the mediation itself begins. The causes of the conflict and the program of actions that will be carried out are established, as well as the maximum duration expected to reach an agreement. From now on the mediator will call different meetings with all or some of the parties and will collect all the information and documents needed to resolve the conflict. The mediator must ensure that the duration of the process is as short as possible.
After the scheduled meetings procedure will end, whether with or without agreement. The reasons for not reaching an understanding may be several: that one of the parties terminates the proceedings, that the maximum agreed upon period has elapsed, or that the mediator sees that the positions are irreconcilable.
The last thing will be to write a final act where the conclusion of the procedure will be determined, and if there is an agreement, what are the agreed solutions. After signing the agreement (of a binding nature), the parties can raise it to Public deed to configure it as an executive title.
This entire process is more detailed in the Civil and Commercial Mediation Law. Access Law 5/2012, of July 6, on mediation in civil and commercial matters.You can access our mediator courses, for more information.
