Since the publication of the Law 5/2012 and the implementation of the Registration of Mediators in June 2014, the mediation sector has increasingly become more relevant within the legal field in Spain, consolidating, little by little, as the ideal alternative to resolve conflicts through extrajudicial means and its consequent savings of time and costs for the Judicial Administration and citizens. .
Talking about mediation with a lawyer can be a controversial topic, sometimes a debate arises about a certain work intrusion because any lawyer has several cases behind them in which an agreement has been reached between the parties. agreement that, in all likelihood, would not have been reached without their intervention.
There is no doubt that the lawyer is required to be a good analyst, with sufficient capacity to interpret in a legal manner the matters presented to him or her by a client. But what's more, he must not only be a good legal analyst but also You should also advise or advise your client on what is the best alternative. to solve your specific problem, offering you information about all the options that exist: arbitration, negotiation, judicial means or mediation.
But does mediation have any advantages for the lawyer? It is profitable? From our point of view yes.
If there is something that mediators appreciate, it is that they can give their complete version of the events, something that does not always occur in a judicial process. There is no limitation on questions or answers, nor pre-established formats beyond the order of the sessions. This possibility of being heard makes the difference, in most cases, between a satisfactory or unsatisfactory resolution process, increasing the chances of having a more satisfied customer who will probably turn to the same professional who at the time offered mediation as an alternative way to solve your own problem with less emotional exhaustion and in a more economical way, promoting recommendations to other potential clients.
This fact represents a new opportunity to expand the services offered for practicing lawyers and a added curricular value to law students.
From Mainfor Learning Services and the King Juan Carlos University of Madrid we provide these professionals with the opportunity to train them and register as official mediators before the Ministry of Justice, a fundamental requirement to empower the agreements that are reached.
More information about the University Program, here.
Alejandro Muñoz
amunoz@mainfor.edu.es
Advisor to the University Program of Civil, Commercial and Family Mediation
