"The parties tend to find their support in exposing their facts and interests to the detriment of the other party, an attitude that is born from the lack of that I-win/you-win culture."
Reyes Coto Jimenez She is a lawyer and mediator specialized in Family and Health Mediation. He is a member of the Illustrious Bar Association of Seville and has publications in several magazines specialized in mediation. She graduated in Law from the Pablo de Olavide University of Seville and is currently a collaborator at the professional firm Abogados Campo&Carrasco.
Do citizens know mediation enough to make it their first alternative?
A: Not enough. There is still not enough information among citizens about what it is, how it works and the effects derived from the management and resolution of conflicts. through mediation. And we are all responsible for this situation: Public Administrations, political parties, the media and the social agents who interact most directly.
What does it take to be a mediator?
A: From a legal point of view, anyone who meets the legal requirements established in the current Mediation Law or in the regulations of each CC could be a mediator. AA. regarding family mediation. Now, from a personal point of view, it can be a mediator that person who sees mediation as a perspective or vision where the culture prevails that, to assert and win personal or/and professional interests, it does not mean that the other party has to lose. The mediator, in addition to having specific training, must be an honest and humble person, who feels the culture of agreement and dialogue as a tool to build positively.
And what limitations may there be?
A: Just as I was taught at the Sevillian School of Mediation, and in particular my teacher Javier Alés Sioli, The only limitation the mediator has is to acquire the trust of the parties in the pre-mediation phase. This is what we call in mediation legitimation, the parties having legitimized the mediator, and maintaining it throughout the entire procedure.
What positive and negative aspects would you highlight of the Mediation Law?
A: The strong points are that for the first time a professional activity is regulated, laying foundations in order to favor this alternative over judicial means. It is very important that mediation tries to delegalize situations for the benefit of the dispositive principle of the will of the parties and good faith that also governs the relationships that are the subject of the conflict. And another strong point is the regulation of the figure of the mediator.
We should not obsess over regulatory regulation to advance mediation, but I believe that There is a lot of confusion regarding certain issues that affect the role of the mediator, such as the number of hours of training that mediators must receive.Although I reiterate, regulating these types of issues may leave us again in the same legal uncertainty because this does not entail greater professionalization or preparation of the mediator; What is important is the quality of the content of the mediation course and not the number of hours of it.
Do you think that a maximum period of 15 days from the request for mediation to the holding of the constituent session is sufficient time? Should electronic mediation be a commonly used instrument to expedite procedures?
A: In certain matters, from the moment the request is received until the constituent session is held, the mediator works with the parties in individual sessions; and it is a work with a variable temporal duration depending on the complexity of the matter and especially the degree of negative emotions existing among those involved. We must never forget that The parties are the protagonists and as such they must set the rhythms over time..
Sessions through electronic means are a good instrument to expedite certain procedures, such as a case of conflict between a parent and a child in which one of them is reluctant to sit next to the other. Electronic mediation could be useful to bring positions closer together until both parties are prepared and willing to communicate and dialogue face to face at a table; Likewise, electronic media are ideal for those conflicts where there is not a high degree of emotionality or when there is difficulty in mobility or distance between the mediators.
Any success story that you have experienced in the exercise of your profession?
A: There is no more notable success that remains etched in my memory than see how the parts that have not spoken or seen each other for years and years recover communication and the interest in listening to and understanding each other. I remember a case of a mother and a son between whom disagreements began to arise following the death of the head of the family. In one of the sessions I asked them to do an activity together, something that they both liked and wanted to share, and the mother suggested going out for drinks because she hadn't done it in a while and she wanted to have a beer with her son. The fact that they sent you a photo on WhatsApp of them both having a beer and telling you that it was the first time they did it and that it would not be the last time, revived the hope that they could both start working, with the help of the mediator, the mother-child relationship from a different perspective.
Is any mediator suitable to resolve any conflict or are different specializations required?
A: Training and vocation in the mediator is important so that every conflict is handled with minimum guarantees of effectiveness and professionalism, but I consider it logical that the mediator in certain types of conflicts also has deeper knowledge and, therefore, is chosen based on specialty. In family mediations, as well as bankruptcy mediations, due to the specificity of both matters, I consider that in order for the parties to reach effective and lasting agreements over time, the mediator must have a minimum of prior legal knowledge of these matters to that the agreements reached by the parties do not fall on deaf ears when it comes to being approved by a judge. In many professions there are specialties without this being detrimental to the profession. I consider it beneficial that in mediation there is a bankruptcy mediator in bankruptcy proceedings, a family mediator in divorces, a health mediator in the field of healthcare, etc.
Most frequent conflicts in mediation?
A: Family, community and educational matters. Commercial mediation is also beginning to proliferate through Chambers of Commerce when it comes to claims for amounts that are not very high, as well as bankruptcy mediation in the workplace of macro-enterprises. In some autonomous communities, such as Valencia, conflicts related to real estate and mortgages go to mediation instead of going to court, a situation that must be thanked to the great work that the mediators are doing from the mediation center of the Illustrious College of Valencia Lawyers.
Is it difficult to get the parties to trust the neutrality and work of the mediator?
A: Once the parties have legitimized you, they do not stop trusting the neutrality of the mediator, but it is a task that the mediator must work on session after session, since the parties tend to find support in the presentation of their facts and interests to the detriment On the other hand, an attitude that is born from the lack of that I win/you win culture of which we are not yet aware.
Is mediation a work alternative?
A: The situation of economic crisis that we have been experiencing suggests that training in mediation could be an interesting job alternative for the future, but I think that when the boom passes and people see that job expectations are not so high or substantial, speaking in economic terms, Only those people who feel mediation as a vocational profession will work as mediators., with full awareness that not all that glitters is gold, without ceasing to be an exciting, captivating and surprising profession.
