"Mediation has a place in any area, whether family, civil, commercial, neighborhood, work, where there are people there can be conflicts and where there are conflicts, mediation can be very useful."
Rocio Lamb She is a psychologist and family mediator, as well as Coordinator of the Mediation Area of the Official College of Western Psychology. He is currently a teacher of the University Mediation Course taught by Mainfor.
What would you say is the greatest advantage of mediation over judicial means?
A: There are many advantages but if I have to choose one, I consider the fact that in mediation the people and their circumstances are taken into account, because everything is personalized. It is true that it is faster, cheaper, reduces the emotional cost, etc. but above all it is each person's process and the agreed solution is their solution. During the process, each person is given their space and time, so that both can express what they think, what they feel and what they want to happen. In the judicial system, affected people are not always heard, most of the time it is the lawyers who demonstrate or negotiate among themselves.
Each case is different and for that reason they must be generated solutions adapted to the people involved and the circumstances that surround them. Reach a consensual agreement through dialogue, where each party expresses itself freely, being heard and listened to, where each opinion is taken into account as valid until they themselves value it and accept it or discard it in search of a better option. This joint and cooperative work between people who are immersed in a conflict improves communication, relationships, involvement in solving the situation and compliance with what was agreed.
[quote style=»boxed» float=»right»]»People and their circumstances are taken into account, because everything is personalized.»[/quote]
It has been two years since the Ministry's Register of Mediators was officially published, how has the mediation sector in Spain changed since then?
A: Change has certainly changed, but perhaps not in the way that was expected. The economic situation in Spain is not the most desirable, this has led many people to make a foray into mediation to improve their job opportunities. It is a very good idea, because rActually, many mediators will be needed, but for that, citizens must demand this service. The labor market responds to real demand and the number of real cases is not so high.
As you always have to see the positive side of things, I consider that the situation will change at some point, due to “natural selection.” lThe profession will continue to be exercised and defended by highly qualified professionals for the practice of mediation. and that the rest of the people who have been trained in mediation will help to disseminate it.
As a tutor of the Civil, Commercial and Family Mediation Course, what is the specialty in mediation most in demand by students?
A: The demand for training comes to me through different means, because I collaborate with several mediation entities, however in all cases lWhat they most request of me is family mediation. The reason is simple, in almost all the autonomous communities there are specific records of family mediation and this arouses a certain interest in the subject on the part of professionals. In the same way, permanence in these registers entails carrying out retraining training in the subject, which also generates a demand for training in family mediation by already practicing mediators.
It is said that in our country the culture of understanding is not yet as deeply rooted as in foreign countries. Is it difficult to get the parties to trust the neutrality and work of the mediator?
A: No, that is not a complex task, because if you do not judge, the person does not feel judged. Neutrality is part of the process and the professional handles it the same as he handles many other resources. If at any time it is detected that there may be a situation capable of breaking that neutrality, we must have the ability to detect it. to be able to compensate or pass the baton to another colleague in case of impossibility to continue.
The complex thing in this society is that people resort to a method that they do not know and that no one talks about in their close circle. Sometimes cases come to mediation referred by other services or professionals and those involved themselves say they are not sure about starting the process because they do not know anyone who has gone to mediation. Above all, in cases of separation or divorce, they often comment that all the divorced people they know have gotten divorced by going to court.
Luckily, users are able to assess the situation in which they find themselves and take a risk with a method that is still unknown, but that they think can be useful in the way it is proposed. Once the process is completed, they rate it as very positive, although initially they were reluctant.ias.
[quote style=»boxed» float=»right»]»There is a lot of dissemination, but there is never too much with something that should generate a change in attitude among citizens.«[/quote]
Do you think that everything possible is being done to spread mediation to make it known at all levels of society?
A: Yes, a lot is being done, I always say that I have been called on several occasions asking for relaxation sessions by people who confused mediation with meditation, and it is certainly not the same. It is a logical confusion due to the similarity of the terms, but it is also something that no longer happens to me, it happened repeatedly but years ago. I reiterate that a lot is being done in dissemination, but there is never too much with something that should generate a change in attitude among citizens.
It is easier for people to go to court where a lawyer presents their interests so that a judge can decide what is best for everyone. This is what must change, especially in certain types of cases where lies are litigated.
We must aspire for people to reach social maturity, to be able to face conflicts that arise daily in the society in which they live and with the people they interact with. This is achieved by learning to analyze conflicts, exposing everyone's vision, generating alternatives, evaluating each option and reaching the most satisfactory one. In short, growing with each experience, learning from each challenge, overcoming each difficulty and being able to make decisions that improve the situation. I think maybe the dissemination does not reach the groups that can make use of mediation, Sometimes awareness and dissemination days on mediation are called and all attendees are mediators. It is possible that dissemination will have to be directed in another way to reach the citizens who can really benefit from the advantages that this method provides.
In educational centers I consider that things are being done very well, because for society to resort to a service it has to be seen as something accessible. Boys and girls who have peer mediation in their educational centers are getting used to resorting to the figure of the mediator and are aware that he is someone who helps them manage their differences from an equal position. This type of actions in schools has sometimes meant that families come to mediate encouraged by their children, because a mediator exists in their educational center. This was previously unthinkable, but there is still much to do.
What do you think about the new scale included in Law 35/2015 that allows the possibility of going to mediation in traffic accidents? In what other areas could they take the step to introduce mediation?
A: I think it is very positive to collect this type of actions, really the possibility of going to a mediation process has always been there, the important thing is that now it is reflected and the user is aware of it. Mediation has a place in any area, be it family, civil, commercial, neighborhood, work, where there are people there can be conflicts and where there are conflicts mediation can be very useful.
I think that as the situation is currently It should be strengthened more in the labor and mortgage spheres.. They are two fields full of conflicts, but especially in the world of work, many conflicts appear generated by misunderstandings. A lot of friction is generated between colleagues or with middle managers, discrepancies in criteria, etc. and the simple fact of dealing with these incidents in mediation acts as a firewall, rough edges are smoothed over and the misunderstanding is nothing more than that, a misunderstanding. If the problem does not increase and does not become entrenched, permanence in the job is much more satisfactory.
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