Working in mediation: pros and cons

The mediator is defined as a third party who is asked to carry out a mediation in an effective, impartial and competent manner. This effectiveness and competence in their actions requires that the mediator have training that allows them to do so.

Directive 2008/52/EC of the European Parliament and of the Council, on certain aspects of mediation in civil and commercial matters, does not specify a specific professional group, but it does underlines the need for quality, for which member states should promote the initial and continuous training of mediators, as well as establishing effective quality control mechanisms related to mediation services.

Requirements that the mediator must meet to be able to carry out mediation.

Law 5/2012 on mediation in civil and commercial matters itself, in its article 11, includes the REQUIREMENTS THAT THE MEDIATOR MUST MEET TO BE ABLE TO EXERCISE MEDIATION:

“The mediator must be in possession of an official university degree or higher professional training and have specific training to practice mediation, which will be acquired by completing one or more specific courses taught by duly accredited institutions, which will be valid for the exercise. of mediation activity in any part of the national territory.”

From this article we extract that they are There are two qualifications that the mediator must have:

1. An official university or higher vocational training degree.
2. Specific training to practice mediation.

RD 980/2013, in the second section of its article 3, expands the requirements for specific training, which must be at least 100 hours of effective teaching. According to the Royal Decree, mediator training It can be acquired in one or more courses and It must allow you to master the techniques of mediation and the development of the procedure in accordance with the principles and guarantees established by law., especially with respect to matters that cannot be submitted to mediation, respect for the rights and legitimate expectations of third parties, as well as the responsibility of the mediator.

We see that another important point is the RESPONSIBILITY OF THE MEDIATOR, given that The acceptance of mediation obliges the mediators to faithfully fulfill the assignment, incurring, if they do not do so, liability for the damages they cause.

To face that responsibility, Law 5/2012 requires that the mediator take out insurance or equivalent guarantee that covers civil liability arising from his or her actions in the conflicts in which he or she intervenes.

Moving on to a more practical topic, When we highlight the benefits of mediation, we say that it saves time and money. Mediation will always be a cheaper alternative than the option of going to the expensive judicial process, and a faster solution than long and tedious judicial processes, which depending on the city, can last up to years. But, WHAT IS THE COST OF MEDIATION?

About the cost of mediation in civil and commercial matters, much is said in Law 5/2012 on mediation, but for practical purposes, nothing is specified.

In its article 17 regarding the information session, it is stated that in that session the mediator, among other issues, will inform the parties about the cost of the mediation.

Likewise, in article 19, regarding the constitutive session, it is said that the mediator must offer information on the cost of mediation or the bases for its determination, with a separate indication of the mediator's fees and other possible expenses.

In addition, it dedicates a specific article, number 15, to discussing the cost of mediation:

– The cost of mediation, whether or not it has concluded with the result of an agreement, will be divided equally between the parties, unless otherwise agreed.

– Both the mediators and the mediation institution may require the parties to provide funds that they deem necessary to cover the cost of the mediation.

But the reality is that In terms of professional fees, we must start from the freedom to set them, Therefore, with some exceptions such as mediation derived from a public service, or for beneficiaries of legal aid, there is no tariff system for the services provided by mediators, which means that our fees are not determined by a law or norm and we can set them freely.

But in other cases, What criteria or aspects can we take into account?

• The subject matter of mediation, since a family conflict is not the same as a commercial issue.
• The complexity of the matter.
• The amount that is being discussed, a conflict in which the parties argue over 5,000 euros is not the same as over 500,000 euros.
• He number of sessions that are needed.
• He number of parts interveners.
• If the mediation will be in person or online mediation.
• If it is a mediation directed by a mediator or co-mediation.

How can mediator fees be calculated?

There are different ways to calculate the fees that the mediator will charge depending on the way they work.

There are mediators who charge for each session held, and there is a fairly wide range in this regard.. After analyzing several websites with this system, I could tell you that the average cost of a mediation in which 3 mediation sessions are held, plus the information session, would amount to about 350 euros for each party.

A separate price for the drafting of the Final Act is also usually established in this system.

Other mediators set their rates with a “variable price”, so that, if the parties reach an agreement, they will charge a percentage of the amount in conflict, which in turn would vary depending on the amount discussed or closed in the agreement.

We also find mediators who offer price reductions in case the agreement is partial.

While other mediators offer a mixed system with fixed amounts per number of sessions held, and a percentage in case of agreement. This system is unusual in family proceedings, but we do find it on many occasions for commercial mediations, in which the amounts at stake are usually much higher.

This system allows, if the parties do not reach an agreement, to charge for the sessions held, but the variable part will not be charged.

In my experience as a mediator I can tell you that, Each mediation is a challenge for the mediator since no two mediations are the same, and although practice obviously gives us ease and tools to know how to handle the different situations that arise during the process, it requires continuous and creative adaptation, making each mediation a wonderful experience of professional and often personal growth.

“There are no problems, only situations that demand an adequate solution”

Anonymous

We are aware of the complexity of our exercise, which is why we continually have to reflect on our daily work. In the International Mediation School We have been instructing professionals in this field for years, in order to seek conciliation between the parties. Press here and know what mediation consists of and how to make a living from it.