Luis Lopez Lainez is civil and commercial mediator of vocation. Graduated in Business Administration and Management from the University of Cádiz, he has always had a creative and entrepreneurial spirit, which together with his curiosity and concern for the human side of companies led him to dedicate himself professionally to the field of mediation. He is currently also responsible for Mediación Cádiz
At what moment did you decide to embark on your path as a mediator and what encouraged you to do so?
L: Several years ago I received a course to train me as a civil and commercial mediator. At that time I didn't know what it was but it seemed to me, because of the course program, that it could be something interesting. Taking that course has changed my life in a certain way, I discovered something that awakened a great passion in me, the desire to help others solve their problems and do it in a collaborative way and in which everyone seeks the best solution.
Taking into account that psychological skills are important in a mediation process, would you say that a good mediator is born or made?
L: From my point of view, the mediator is made. There are many skills that the mediator must have to understand what is said and not said at all times, but above all to interpret and connect with the emotional state of each of the parties and accompany them throughout the process until an agreement is reached. . But most skills, such as active listening, assertiveness, emotional intelligence, empathy, verbal and non-verbal communication, are skills that are acquired and developed with study and practice. Therefore, anyone who wants to be a mediator can work and develop these skills that will allow them to connect perfectly with each of the parties and help them empathize with each other and resume dialogue.
According to your work experience, what are the most frequent conflicts in the civil and commercial sphere in which you have intervened as a mediator?
L: I fundamentally work in the commercial field, I am an economist by training and for more than 15 years I have worked in the business field, both large companies, family businesses and entrepreneurship. In all companies, conflicts arise that can be resolved with dialogue through mediation, but it is true that where these conflicts can pose the greatest danger to companies is in family businesses, as well as in entrepreneurship projects where the differences between Partners often end up with the premature death of their companies.
What types of companies could obtain the most benefits from business mediation and why?
L: In all companies and organizations, conflicts arise or there are latent conflicts that can prevent their correct development, whether they are internal or external problems, so any company can benefit from the advantages of business mediation, although, where it is in family businesses, entrepreneurs, cooperatives and in the franchise modality where these conflicts can have greater relevance and are the companies that can see the most benefits from business mediation.
Is there any difference between an agreement reached through mediation and a court ruling?
L: Regarding the executive nature of the document, both are equal, that is, an agreement reached through mediation and made public has the same executive force as a judge's ruling, but with numerous advantages. On the one hand, time, the mediation process does not usually last two months when the judicial system is taking about 2 – 3 years to issue a commercial ruling. Do companies really have that much time to resolve their problems? On the other hand, let's not talk about the economic costs of a judicial process, as well as the emotional costs that make companies practically paralyzed every time they have to prepare judicial documentation or go to court. And finally the cost of relationships, since, when two parties sue each other judicially, it is very difficult for them to have any type of relationship again in their lives, when, if they negotiate the agreement through mediation, it is most likely that they will maintain the relationship. or even come out stronger.
Do you think that, both in legislation and in practice, mediation in Spain is moving in the right direction?
L: Yes, I am optimistic and I think that little by little mediation in Spain is advancing. If it is true that there is still a long way to go, we have an important dissemination task ahead of us to make companies aware of the advantages of mediation to resolve conflicts. We also have to carry out important training work for leaders and team managers in skills to understand and prevent conflicts. Only through training will it be possible not only to prevent problems, but when they take on a dangerous dimension, to know how to go to a mediation process to negotiate the agreement and find the best solution for all parties.
What do you like most about your profession as a mediator?
L: What I like most is helping people realize the incredible potential they have within them for dialogue, for empathy, and for discovering new and creative ways to solve problems in which they have long been very positioned and stuck. without being able to see a viable way out. I also love my role as a trainer, helping people understand the dimension of conflict and develop necessary skills to change the way of speaking, listening and acting with others, being more assertive and helping to prevent and identify conflicts. problems before they become conflicts that are difficult to solve.
