Mediation

Mediation

Mediation is a process voluntarily in nature -for both parties and for the own mediator- and also confidential- information that the parties know through a mediation process cannot be used with other purposes- aimed to ease communication between the parties since they themselves find a solution to the points of disagreement that affect them and causing them to initiate a mediation process with the help of a professional mediator, which acts impartial and neutral, i.e. not taking sides for either party, nor to benefit more than the other, but that will accompany the process of mediation to help them to communicate and manage conflict which has led to mediation.

Mediation is ideal to resolve any dispute peacefully and without need of a legal confrontation, although some agreements require judicial approval of the pacts reached to accomplish their purposes.

Conflict mediationMediation avoids the winner/loser position, typical in the judicial way, by changing it to a win/win position once an agreement is reached within the process of mediation.

All mediation process does not necessarily end in agreement, in some cases it may not be possible to reach total agreement, but it does always improve the relationship between the parties involved within the process that can listen and talk openly through the help of a mediator, who is a person outside the dispute, who accompanies the process using several techniques to try to achieve the best result for both parties.

Mediation promotes a culture of social peace and avoids future confrontations as having a dispute resolved through mediation, in subsequent disputes the parties would have more opportunities to follow this procedure again and therefore use more mechanisms to manage their disputes than they had before.

MediationApart from all this, which is quite remarkable, mediation is also faster than the courts, it is more economical as well and the enforcement of those agreements that are reached is generally larger when compared with judgments. This is because to reach an agreement needs the parties to be involved, in mediation the parties are those who negotiate directly agreements and those who are interested in carry out what has been agreed, while at court a third party (a judge) dictates the resolution, and there may be always someone who do not agree with this decision and thus that is why the implementation of a sentence often requires another judicial procedure, the executive process, to enforce the resolution.

About which conflicts can be arranged in mediation it should be point out that any conflict can be actually solved in mediation, because it offers always a safe space for dialogue between the parties with support and help of an expert, who will provide the tools for a win-win agreement, or if an agreement is not possible, at least will help the parties have a better communication that may improve future relations between the involved.

The most common fields in mediation are the following:

1. The matters regulated by the Civil Code of Catalonia arising situations of nullity of marriage, separation or divorce and that must be agreed within the corresponding regulatory agreement.

2. The agreements that common-law couples must reach when they stop living together.

3. Liquidation of prenuptial agreement.

4. The elements of natural disposition regarding parentage, adoption and foster care as well as the situations that arise between the adopted person and his biological family or between birth parents and adoptive parents, as a result of the right to know biological data.

5. Disputes arising from the exercise of parental authority and the regime and form of the custody of children.

6. Disputes relating to communication and relationship between parents, descendants, grandparents, grandchildren and other relatives in the family.

7. Disputes between parents relating to the Alimony Payment.

8. Disputes about the care of elderly or dependent people with whom there is a family obligation.

9. The matters subject to agreement by those interested in situations of family crisis, if the case has links with more than one legal system.

10. Family disputes between Spanish nationals and non-Spanish living in Spain.

11. Family disputes between people of the same nationality but not Spanish living in Spain.

12. Family disputes between people of different nationalities residents in Spain.

13. The requirements of international cooperation in the field of family law.

14. The liquidation of assets in situations of community among members of a family.

15. Several issues arising from the succession of a person.

16. Disputes arising in relations of coexistence in mutual help.

17. Issues involving placement of the elderly, as well as conflicts choosing the tutors, help setting the regime of visits of disabled people and the economic issues arising from the exercise of guardianship or tutelage.

18. Disputes arising within the family business.

19. Any other conflict in the field of Family Law that could be raised in court.

20. Disputes arising in the field of associations and foundations.

21. Disputes in the area of joint ownership and organization of life in residential areas.

22. The major differences in the field of public and social coexistence, to avoid litigation in the courts.

23. Disputes arising from a different interpretation of the reality due to the coexistence of different cultures in Catalonia.

24. Any other private dispute in which the parties have to maintain personal relations in the future, if you reasonably can still avoid to litigate in the courts or we can ease at least the transaction.

 

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