How mediation can be used to resolve conflicts between companies, between companies and their clients and between different departments of a company
Mediation is a means of dispute resolution, in which two or more parties voluntarily attempt to reach an agreement by themselves with the intervention of a mediator.Therefore, mediation can be used to resolve conflicts between companies, between companies and their clients and between different departments of a company.
In the business environment, mediation can be applied to resolve conflicts with people or parties external to the company itself (suppliers, clients...) or to resolve internal conflicts (between partners, in teams or work groups...).
Mediation provides a series of ADVANTAGES over other methods of conflict resolution, which make it a very attractive option to address conflicts that arise within businesses.
WILLFULNESS. Is informing principle of mediation its voluntariness, which implies that, All those involved in a mediation process have absolute freedom to decide whether or not they want to be part of it.
It is possible that there is a written agreement between parties that expresses the commitment to submit to mediation the disputes that have arisen or may arise, however, this only requires that the agreed procedure be attempted in good faith, before resorting to jurisdiction or another solution. extrajudicial, but in no case to remain in the mediation procedure or to conclude an agreement.
EQUALITY OF THE PARTIES AND IMPARTIALITY OF THE MEDIATORS. This is another of the informing principles of mediation, which is very attractive to resolve conflicts between different departments of a company, avoiding inequalities that come from internal hierarchies or from the company itself and its workers, since in the mediation procedure it must be guaranteed that the parties intervene with full equality of opportunity, maintaining a balance between their positions and respect for the points of view expressed by them, without the mediator being able to act to the detriment or interest of anyone. of them.
CONFIDENTIALITY. It is also informing principle of mediation, and represents a great advantage in conflicts in the business field in which to maintain "at home" problems, can be a priority in many cases. In the business environment, negative publicity can have a brutal impact on the company, which is why it becomes vital to prevent conflicts from transcending the scope of the company itself and reaching the media, damaging the public image of the company.
The mediation procedure and the documentation used in it is confidential.
The obligation of confidentiality extends to the mediator, who will be protected by professional secrecy, to the mediation institutions and to the intervening parties so that they will not be able to reveal the information that they may have obtained derived from the procedure.
Furthermore, the confidentiality of the mediation and its content prevents - with specified exceptions - the mediators or people who participate in the mediation procedure from being obliged to declare or provide documentation in a judicial procedure or in an arbitration regarding the information and documentation. derived from or related to a mediation procedure.
FRIENDLY SOLUTION. Through a mediation process, the parties reach their own agreement, avoiding solutions imposed by a third party. as occurs with other forms of conflict resolution such as arbitration or judicial processes. The mediator is limited to facilitating communication between the parties and ensuring that they have sufficient information and advice.
The mediator must develop active behavior aimed at achieving rapprochement between the parties so that they are the architects of their agreement.
The resolution of the conflict through an agreement helps to maintain the relationship between the parties by resolving the conflict in a consensual manner, avoiding winners and losers. This is very important in the business environment since a consensual agreement ensures that relationships last, whether between companies, or within the scope of the company itself with the workers.
SPEED. Mediation is a process that is designed to reach agreements quickly and easily. In a few weeks it is possible to reach an agreement thanks to a mediation process, which makes it an agile, efficient and effective mechanism for conflict resolution.
The slowness of the Spanish courts, which are completely saturated, can cause serious direct damage to companies, in which the value of time and the inefficiency of having to dedicate themselves to resolving disputes take away their energy and resources, which can be focused on future and development of the company.
COST. Mediation is a cheaper process than going to court. As we said, not only is time reduced, but it also eliminates external factors that generate significant costs. This method of conflict resolution offers companies the possibility of drastically reducing the costs associated with a judicial process that can take years.
