Currently, mediation has become a key tool for the peaceful resolution of conflicts in various areas of society. Traditionally, the judicial process has been the main way to resolve legal disputes. However, in recent years, mediation has positioned itself as an effective and less adversarial way to manage conflicts. The approval of Law 5/2012, of July 6, on mediation in civil and commercial matters has been an important milestone in this area, providing a regulatory framework and promoting the use of mediation as an effective mechanism to resolve disputes. In this article, we will explore the importance of this law and how, through it, it seeks to improve the justice system by promoting a collaborative, agile and satisfactory way of conflict management.
What is mediation?
We will begin by defining the mediation as a process in which a neutral and trained third party, the mediator, helps the conflicting parties reach a mutually satisfactory agreement. Mediation is based on communication, collaboration and mutual respect, thus avoiding confrontation and costly legal disputes.
The State Mediation Law:
The approval of the State Mediation Law establishes a solid legal framework that promotes and regulates the use of mediation in the civil and commercial sphere. This legislation has provided clarity and legal certainty to both mediators and the parties involved, thus fostering confidence in the process.
Conflict resolution in civil matters:
Civil matters conflict resolution refers to the process of addressing and resolving conflicts between people or entities in the civil sphere. Disputes can cover a wide range of issues, such as family problems, neighborhood disputes, contractual disputes, property disputes, civil liability matters, among others.
Conflict resolution in commercial matters:
Conflict resolution in the commercial field consists of addressing and resolving disputes and controversies related to commercial and business matters. In the commercial field, conflicts can arise in various areas, disputes between partners or shareholders, disputes between companies, problems related to intellectual property, conflicts in financial transactions, disputes regarding competition, among others. The goal is to achieve a fair and equitable solution that protects the interests of all parties involved and ensures the continuity of business operations.
What consequences has the approval of the State Mediation Law brought?
The approval of the state Mediation Law was an important step to promote and strengthen the culture of agreement in various areas of society. This law has provided a clear and secure legal framework, encouraging the use of mediation as an effective alternative to judicial litigation.
Mediation, based on dialogue and the search for mutually beneficial agreements, gives the parties involved the opportunity to actively participate in the resolution of their differences, achieving a faster, more economical and lasting solution over time.
It is important to continue to promote awareness and use of mediation as an available resource to address conflicts constructively. Education and dissemination of the benefits of mediation are essential to maximize the positive impact of this procedure with which we move towards more accessible, agile and satisfactory justice.
In short, in a world where controversies are inevitable, mediation is presented as a powerful and transformative tool, leaving aside confrontation and betting on dialogue and the search for beneficial solutions for all parties involved, with the help and the work of the mediation professional.
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