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What is conflict mediation?
Conflict mediation is a voluntary and legal process in which an impartial third party, known as a mediator, facilitates communication and negotiation between the parties involved in a conflict, with the aim of helping them reach a mutually acceptable agreement.
This process does not involve the mediator making decisions for the parties, but focuses on helping people understand each other better, identify each other’s interests and needs, and explore possible solutions. Mediation seeks to promote the peaceful resolution of conflicts, avoiding the escalation of disputes and, in many cases, the recourse to legal or judicial channels.
Mediation is applied in a wide variety of settings, including family, personal matters, work, school, health, local community and commercial conflicts. It is an effective tool for managing disputes in a dialogued manner, promoting consensual and lasting solutions.
What is the legal value of agreements adopted in mediation?
When dispute mediation agreements are “made public” it means that the agreement reached by the parties involved in the mediation process is formalized and becomes a legally binding document. This process can occur in various situations and depends on the legislation of each country. In Spain it works as follows:
Formalization of the Mediation Agreement
If the parties reach an agreement during mediation, this agreement can be judicially approved or made public before a notary, which implies that it becomes an official legally binding document. This agreement has the validity of a contract and can be executed as such.
Judicial Approval
In certain cases, after the parties sign the mediation agreement, they can request that the agreement be approved by a judge. This homologation process aims to give the agreement the force of a judicial sentence, so that it can be executed as if it were a judicial resolution.
Judicial approval gives certainty to the parties that the agreement will be executed in accordance with the law and that any breach of it may be sanctioned, like what would happen if it were a judgment issued by a court.
Advantages of Elevating an Agreement to Public
- Legal certainty: It gives greater certainty of compliance, since the agreement becomes a document with legal effects.
- Enforceability: If one of the parties does not comply with the agreement, the agreement can be used to enforce the agreement.
- Defending the rights of the parties: By becoming a formal agreement, it is ensured that the rights of the parties are protected and respected by law.
Common Areas in which a Mediation Agreement is Raised
- Family conflicts: Such as in cases of divorce, custody agreements, visitation or alimony.
- Labor disputes: Agreements between employer and employee.
- Commercial conflicts: Between companies or between consumers and suppliers.
In short, “elevating a mediation agreement to the public” means formalizing the agreement reached in mediation so that it has legal force, which ensures its compliance and gives it legal validity.