{"id":46794,"date":"2026-06-16T10:30:00","date_gmt":"2026-06-16T08:30:00","guid":{"rendered":"https:\/\/eimediacion.edu.es\/?p=46794"},"modified":"2026-06-01T21:47:37","modified_gmt":"2026-06-01T19:47:37","slug":"mediacion-y-reclamacion-de-deudas-cuando-cobrar-tambien-es-cuidar-la-relacion","status":"publish","type":"post","link":"https:\/\/eimediacion.edu.es\/eng\/ser-mediador\/noticias-escuela-mediacion\/mediacion-y-reclamacion-de-deudas-cuando-cobrar-tambien-es-cuidar-la-relacion\/","title":{"rendered":"Mediation and debt collection: when collecting is also about nurturing the relationship\u00a0\u00a0\u00a0"},"content":{"rendered":"<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">By Juan Diego Mata<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In the collective imagination, debt collection is often associated with formal letters, registered mail, and ultimately, legal proceedings that transform a business relationship into a battleground. However, it is paradoxical that many companies forget, precisely at this critical moment, the very values that allowed them to acquire the customer in the first place: trust, approachability, and transparency.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Does it make sense to build a business relationship on trust and then destroy it as soon as a payment default occurs? The answer, though uncomfortable, is obvious.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In this context, mediation appears\u2014or should appear\u2014not as a preliminary step imposed by procedural law, but as a strategic tool at the creditor&#039;s disposal. Because yes, claiming a debt is legitimate. But how it is claimed makes all the difference between recovering a debt or losing, in addition, a client (and possibly their network).&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>The usual inconsistency: selling with empathy, demanding with rigidity<\/strong>&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Many companies invest resources in creating a customer experience based on proximity, personalization, and clear communication. However, when a payment dispute arises, that approach abruptly disappears. The discourse changes: methods become harsher, communications are automated, and the space for dialogue shrinks.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The outcome is predictable. The debtor, who in many cases is not a habitual defaulter but someone experiencing occasional difficulties, perceives a radical breakdown in the relationship. And where there was once trust, there is now confrontation.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">This is where mediation introduces an essential nuance: it allows maintaining relational coherence even in tense scenarios.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Mediation: beyond the formal requirement<\/strong>&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In recent years, mediation has gained prominence in the legal field as an alternative dispute resolution mechanism. However, its perception remains hampered by a reductionist view: that of being a mere procedural requirement or a \u201cmandatory\u201d preliminary step before resorting to the courts.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">This approach is not only limited, but strategically flawed.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Mediation, when used properly, is not an obstacle to debt collection, but rather a tool that can facilitate it. It allows for the opening of communication channels, the identification of the true causes of non-payment, and the exploration of solutions that would be difficult to find in a contentious environment.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">And, above all, it allows the creditor to exercise their right to credit without giving up the values that underpin their activity.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Recovering business logic in conflict management<\/strong>&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">From a strictly business perspective, mediation introduces advantages that are hard to ignore:&nbsp;<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Optimize time and costs<\/strong>: compared to the uncertainty and length of a judicial procedure, mediation offers more agile solutions.\u00a0<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Increases the probability of getting paid<\/strong>An agreement adapted to the debtor&#039;s reality (installments, reasonable debt reductions, flexible schedules) is usually more effective than a judgment that is difficult to enforce.\u00a0<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Preserve business relationships<\/strong>: especially relevant in sectors where customer retention is key.\u00a0<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Reduce reputational damage<\/strong>The way a company manages conflicts is also part of its image.\u00a0<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">But there is an additional element that is rarely mentioned: mediation allows the creditor to maintain control of the process. In court, the conflict is externalized; in mediation, it is managed.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Collecting without breaking: a matter of positioning<\/strong>&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Adopting mediation as a central tool in debt collection does not imply abandoning firmness. Rather, it implies redefining it.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Firmness is not about automatically escalating conflict, but about managing it intelligently. It&#039;s not about being &quot;soft,&quot; but about being effective.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">A creditor who opts for mediation sends a clear message: they want to get paid, yes, but they also understand that business relationships are not binary. And this stance, far from weakening their position, strengthens it.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Because, ultimately, companies don&#039;t just compete on price or product. They also compete on how they relate to each other.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>An opportunity that many companies are letting slip by.<\/strong>&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The most striking thing is that, despite its advantages, mediation remains underutilized in the field of debt collection. This is partly due to inertia, partly due to a lack of awareness, and partly due to a certain resistance to abandoning traditional, confrontational models.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">However, the current context\u2014marked by regulatory changes and a growing sensitivity towards alternative methods of conflict resolution\u2014offers a clear opportunity to rethink this strategy.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Integrating mediation not as a requirement, but as a value, represents a step forward in the management of commercial risk.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><strong>Conclusion: consistency as a competitive advantage<\/strong>&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Collecting a debt should not be the moment when a company abandons its principles, but rather the opportunity to demonstrate that it truly believes in them.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Mediation allows precisely that: managing the conflict with the same values on which the business relationship was built.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">It may not always work. But neither does the judicial process. The difference is that, in the attempt, mediation does not destroy what can still be salvaged.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">And in a business environment where trust is a scarce asset, that difference is not insignificant.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Would you like to dedicate yourself professionally to mediation or specialize in one of its branches? You&#039;ve come to the right place. <a href=\"https:\/\/eimediacion.edu.es\/eng\/\">EIM<\/a> We offer a wide variety of training courses to meet your most ambitious goals. <\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><\/h2>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>","protected":false},"excerpt":{"rendered":"<p>By Juan Diego Mata. In the collective imagination, debt collection is often associated with formal letters, registered mail, and ultimately, legal proceedings that turn a business relationship into a battleground. However, it is paradoxical that many companies forget, precisely at that critical moment, the same\u2026 <a title=\"Mediation and debt collection: when collecting is also about nurturing the relationship\u00a0\u00a0\u00a0\" class=\"read-more\" href=\"https:\/\/eimediacion.edu.es\/eng\/ser-mediador\/noticias-escuela-mediacion\/mediacion-y-reclamacion-de-deudas-cuando-cobrar-tambien-es-cuidar-la-relacion\/\" aria-label=\"Read more about Mediation and debt collection: when collecting is also about nurturing the relationship\u00a0\u00a0\u00a0\">Read more<\/a><\/p>","protected":false},"author":9,"featured_media":46795,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[1,25,27],"tags":[1002,1004,988,640,993,1000,1005,998,999,1003,1001,995],"class_list":["post-46794","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-noticias-escuela-mediacion","category-ser-mediador","category-noticias-de-mediacion","tag-cobro-de-impagos","tag-gestion-de-conflictos-empresariales","tag-ley-organica-1-2025","tag-mediacion-empresarial-2","tag-mediacion-mercantil","tag-mediacion-y-reclamacion-de-deudas","tag-negociacion-de-impagos","tag-reclamacion-amistosa-de-deudas","tag-recuperacion-de-credito","tag-recuperacion-de-deuda","tag-relacion-con-clientes","tag-resolucion-extrajudicial-de-conflictos"],"_links":{"self":[{"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/posts\/46794","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/users\/9"}],"replies":[{"embeddable":true,"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/comments?post=46794"}],"version-history":[{"count":1,"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/posts\/46794\/revisions"}],"predecessor-version":[{"id":46796,"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/posts\/46794\/revisions\/46796"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/media\/46795"}],"wp:attachment":[{"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/media?parent=46794"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/categories?post=46794"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/eimediacion.edu.es\/eng\/wp-json\/wp\/v2\/tags?post=46794"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}