Mediation services
FOSTERING A CULTURE OF PEACE AND COLLABORATION
Conflict resolution through private mediation, with dialogue and sustainable agreements
Are you facing a conflict with people or entities? As a private mediator, I offer you a neutral space where you can facilitate dialogue and find effective, fast and flexible solutions. Avoid judicialization and resolve your differences collaboratively, without external impositions.
I offer my services as a conflict mediator and private conciliator in three main areas:
Commercial disputes
Between business partners, with employees, clients, or suppliers.
Family conflicts
Such as separations, divorces, or other situations affecting family relationships and cohabitation.
Neighborhood disputes
Within homeowners’ associations or broader community settings.
With my impartial support, you can address and resolve your disagreements constructively, promoting lasting, satisfactory, and mutually beneficial agreements.
Mediation and conciliation offer a faster, more cost-effective, and respectful alternative to court proceedings, with the added benefit of allowing you to retain control over the process and the outcome.
I am committed to ensuring the highest level of discretion, confidentiality, and respect, creating a safe space where each party feels heard, valued, and actively involved in finding the solution.
What is mediation?
Mediation is an alternative approach to conflict resolution, another point of view, which focuses on promoting an environment of dialogue and negotiation between the parties involved.
Culture of Mediation
The culture of mediation involves a shift in mindset towards the peaceful resolution of disputes, promoting a cooperative and collaborative approach between the parties, rather than adversarial confrontation. In this culture, conflict resolution is sought through mutual understanding and agreement, rather than imposing solutions.
Conflict Mediation
Mediation is a voluntary and confidential process in which a neutral third party (mediator) helps the parties reach an agreement on their dispute. It is distinguished by its focus on self-composition, that is, on allowing the parties to find their own solution, rather than imposing a resolution.
Alternative Dispute Resolution (ADR)
Mediation is part of a broader approach known as alternative dispute resolution (ADR), which seeks solutions to conflicts outside the traditional court system. ADR may include mediation, arbitration, and other techniques.
Private Mediation vs. Public Mediation
- Private Mediation: It is carried out confidentially and out of court. It is generally used for commercial, family, or labour disputes, where the parties prefer to maintain their privacy.
- Public Mediation: Generally managed by the State, it is used for conflicts that affect the public interest. It usually has a more structured approach and, in some cases, may be mandatory.
Civil and Business Mediation
- Civil Mediation: Refers to disputes between individuals or private entities (e.g., property issues, contracts, etc.).
- Business Mediation: Focused on disputes within a business environment, such as contractual, labour, or business partner disputes.
ADR
ADR (Adequate Means of Dispute Resolution) is a set of alternative methods to the judicial route designed to manage and resolve conflicts in an effective, flexible and collaborative manner. These include mediation, conciliation, negotiation and arbitration, allowing the parties to reach solutions adapted to their needs, at a lower cost and faster than a traditional judicial process. In the context of Organic Law 1/2025, ADR takes on a fundamental role, since in many cases they are established as a procedural requirement, i.e. a mandatory prior step before going to court.
Culture of Peace and Promotion of Values
Mediation promotes a culture of peace by fostering values such as respect, tolerance and cooperation. Through mediation, the aim is to minimize conflict and promote reconciliation.
Justice without Judges
In mediation, dispute resolution is not in the hands of a judge. Instead, the parties are the ones who decide the agreement. This generates an environment of greater autonomy, confidentiality and control of the situation by those involved.
Litigation Culture and Courts
In contrast to mediation, the litigation culture is focused on the courts and the resolution of conflicts through judicial decisions. Courts impose rulings that are binding on the parties, which can lead to an escalation of disputes.
The Best Way to Resolve a Conflict
Mediation stands out as an efficient and less expensive way to resolve conflicts, especially when seeking a quick and mutually beneficial solution. Courts issue sentences, but they do not necessarily resolve conflicts.
Communication and Dialogue
In mediation, fluid and clear communication is essential. Dialogue is the engine of the process, as it allows the parties to express their interests and needs. Through negotiation and agreement, the aim is to reach an agreement that is acceptable to all.
Conflicts, Differences, Disputes
Conflict arises when there are differences in interests, positions or points of view. Through mediation, we seek to understand these differences to find common solutions.
Agreement and Consensus
The main objective of mediation is to reach an agreement between the parties that reflects the consensus reached after the negotiation process. This agreement may include commitments, adjustments, or changes that meet everyone's needs.
Fundamental Principles of Mediation
- Volunteerness: the parties must participate freely. It is an essential principle in all mediation.
- Bilaterality, equality, loyalty, mutual respect, good faith: the parties must participate with the intention of reaching an agreement and will have equal opportunities to express themselves.
- Confidentiality: everything said during mediation cannot be used outside the process
- Flexibility: mediation allows adjustments in the process and in the agreement according to the needs of the parties.
- Impartiality and neutrality: the mediator does not take sides and must be objective.
- Mandatory: Mediation agreements are binding between the parties and can amount to a court ruling. If we elevate the mediation agreement to a public deed (notary) it is equivalent to a court ruling.
Mediation is an agile and cost-effective process that focuses on the needs of the parties, fostering a collaborative environment and improving long-term relationships. Its success depends on a professional, impartial and neutral mediator, capable of generating trust and respect without imposing solutions.