The road mediation has established itself as a alternative method of conflict resolution in traffic accidents, which prioritizes dialogue and peaceful agreements between the parties: drivers, pedestrians, cyclists, and insurers.
Driven by experts like Gabriel Fernandez Valverde, creator of the term MEDIA, this practice seeks to give voice to the victims and promote a restorative justice, which alleviates both the emotional and financial burden following an accident.
What is road mediation?
Road mediation is a collaborative process in which a neutral mediator facilitates communication between the parties. Unlike a trial, there is no imposition of decisions here, but search for consensus and creative solutions that benefit everyone.
When to apply road mediation?
It is especially useful in:
- Liability disputes when fault is unclear.
- Differences in compensation for material damage or injuries.
- Conflicts with uninsured pedestrians or cyclists.
- Minor claims that do not warrant a trial.
Not recommended in cases of bad faith, extreme imbalance of power or serious accidents that require a court ruling.
Advantages of road mediation
- Speed: solved in a few sessions.
- Economic savings: avoids fees and legal costs.
- Confidentiality: the information is not publicly disclosed.
- Flexibility: Customized agreements, including installment payments.
- Improving relationships: useful in conflicts between family members, neighbors or acquaintances.
In addition, it reduces emotional stress and promotes a culture of road safety and responsibility.
Mediation process in traffic cases
Initiation: one of the parties proposes mediation (injured party, lawyer, insurer or judge).
Selection of the mediator: neutral professional with experience in traffic.
Mediation sessions: Versions are presented, common points are identified and solutions are generated.
Agreement or closure: If there is an agreement, it is documented and can be raised to a public deed.
Mediation and insurance companies
Insurers are increasingly promoting mediation, since reduces costs and speeds up compensationSome policies even include mediation clauses in case of conflict.
Future of road mediation
With the entry into force of the Organic Law 1/2025Mediation in civil matters will be mandatory in Spain. This strengthens its role in road traffic disputes, along with the push from insurance companies and the use of new technologies (dashcams, digital expert reports, accident reconstruction using specialized software).
Conclusion
The road mediation in traffic accidents It empowers victims, reduces litigation, and encourages swift, humane, and restorative settlements. It's a key tool for transforming disasters into opportunities for dialogue and reparation.
Would you like to dedicate yourself professionally to mediation or specialize in one of its branches? You've come to the right place. EIM We offer a wide variety of training courses to meet your most ambitious goals.
Gabriel Fernandez Valverde
Mediator and expert in Road Mediation.