"The mediation in companies it saves time and money costs, in addition to maintaining relationships with the client or supplier.
Look at Josune Real She is an expert in Commercial Law, president of the Basque Association of Mediators (Bitar Bask), director of the legal area of Garrébil and author of the book How to mediate in civil and commercial matters? In the interview he talks to us about mediation in companies and what differentiates commercial mediation from the rest. He also tells us the advantages of mediation for a company in terms of conflicts that can damage the image and give bad publicity. In addition, he tells us what his book on civil and commercial mediation is about.
What basic differences are there between commercial mediation and civil or family mediation?
A: Objectively, the difference is in the issues to be discussed, because in both branches of law what is mediated is always rights of a dispositive nature. However, it is true that in certain civil aspects, such as family or community, it is necessary to work more on relational aspects than on commercial ones.
As a specialist in commercial law, what role does mediation play within companies?
A: Mediation in companies, first of all, saves the time and money costs that would be involved in going to court, in addition to maintaining relations with the client or supplier with whom the conflict has occurred.
A public ruling can damage the image of a company, while the confidentiality of mediation avoids publicity and damage to the image
How do you manage a conflict when something as important as a company's image comes into play?
A: Managing a conflict through a trial with a public ruling can damage the image of a company, while resolution through mediation avoids publicity and therefore damage to the image; Let us not forget that one of the principles of mediation is confidentiality.
Can a commercial mediator and a bankruptcy mediator coexist within the same company without their areas of action overlapping?
A: A company may need a commercial mediator at a specific time when it has a conflict and, if it subsequently enters into bankruptcy, it will have to request the court to appoint a bankruptcy mediator. However, neither of them has to be on the company's staff.
In general, is society not very peaceful?
A: Neither yes nor no. If you mean that until now the conflicts have been resolved adversarially, one might think that society is not very peaceful, but when knowing the collaborative solution to the conflict that mediation provides, it is evident that this institution is well received and the increase that it is having. Therefore, my conclusion would be that society prefers the peaceful resolution of conflicts.
What can we find in your book 'How to mediate in civil and commercial matters?' What has been recently introduced?
A: Our book is the result of our professional and training experience of more than 15 years in both private and public institutions, which has led to the development of our own training methodology that teaches all aspects of mediation, from conflict analysis, passing through communication skills and emotional intelligence, the techniques of the mediation process itself, negotiation and the legal aspects of mediation, becoming almost an instrument of self-training.
You may be interested in: Interview with Amparo Quintana
