14 Jun SERVICONSUM AND MEDIATION

SERVICONSUM AND MEDIATION: AN EFFECTIVE WAY TO RESOLVE CONFLICTS BETWEEN CLIENTS AND LAWYERS

When the conflict arises between the person seeking help and the person who must provide it

The relationship between a lawyer and a client is based, above all, on trust.

When a person hires the services of a lawyer, they expect to receive advice, information, support and the defence of their interests. For their part, legal professionals assume a series of obligations regarding diligence, information and professional loyalty.

However, as happens in any professional relationship, disagreements may arise.

Sometimes the conflict revolves around legal fees. On other occasions, it is related to a lack of communication, expectations generated regarding the outcome of a legal proceeding, the perception that insufficient information has been provided, or simply a gradual loss of trust.

What many people do not know is that there are specific mechanisms for managing these situations and that mediation can also become an extraordinarily useful tool for resolving them.

What is ServiConsum?

ServiConsum is the Consumer Services Office for Legal Services of the Barcelona Bar Association (Il·lustre Col·legi de l’Advocacia de Barcelona – ICAB).

Its function is to deal with enquiries, complaints and claims submitted by users of legal services when they believe that there is a problem related to the professional service they have received.

It is neither a court nor a disciplinary body in the strict sense. Its main purpose is to guide citizens, process the relevant complaints and properly channel any issues that may arise between legal professionals and their clients.

ServiConsum Contact Details

Interested persons may contact:

ServiConsum – Consumer Services Office for Legal Services

Avinguda Carrilet, 3
Building D, 1st Floor, Box 14
08902 L’Hospitalet de Llobregat (Barcelona)

Telephone: 93 496 18 80

Email: serviconsum@icab.cat

Before filing a formal complaint, it may be advisable to carefully analyse the situation and assess whether there is any possibility of resolving the conflict through dialogue.

Not all problems between lawyer and client are the same

When a disagreement arises, it is important to correctly identify its nature.

A complaint regarding the service received is not the same as a financial claim concerning legal fees or a possible complaint of a disciplinary nature.

In many cases, the problem does not lie solely in a specific professional action, but rather in an accumulation of misunderstandings, differing expectations or communication difficulties.

For this reason, it is especially important to analyse each situation individually before deciding which is the best way to resolve it.

Mediation: a little-known but highly effective alternative

Experience shows that many conflicts between lawyers and clients can be satisfactorily resolved through mediation.

Mediation allows both parties to meet in a neutral, confidential and safe environment to explain their point of view, listen to the other party and explore possible solutions.

Unlike other procedures, mediation does not seek to identify winners and losers.

Its purpose is to facilitate dialogue and help the parties build voluntary agreements that respond to their interests and needs.

In this type of conflict, mediation also offers an important advantage: it allows not only the legal or financial aspects of the dispute to be addressed, but also those relational elements that are often at the root of the problem.

A real case of mediation between a client and a lawyer

Recently, I had the opportunity to intervene as a mediator in a conflict between a user of legal services and a lawyer.

The client was not satisfied with certain aspects of the professional service received and had filed a complaint with ServiConsum.

Despite this, the client understood that maintaining an open complaint procedure would not necessarily solve the underlying problem and decided to explore the possibility of mediation.

The client contacted me and, after I presented the proposal to the lawyer, the lawyer agreed to participate voluntarily in the process.

During the mediation sessions, both parties were able to express their concerns, clarify several misunderstandings and address the issues that had damaged their professional relationship.

The outcome was positive.

A satisfactory agreement was reached for both parties, communication was restored and concrete solutions were found for the issues that had generated the conflict.

As a result of the agreement reached, the complaint filed with ServiConsum was withdrawn and all commitments assumed by the parties were fulfilled.

The experience was satisfactory for the client, for the lawyer and also for me.

This case demonstrates that even when a formal complaint has already been filed, mediation can still be an effective way of finding solutions.

My role as a lawyer and mediator

As a lawyer registered with the Barcelona Bar Association and a mediator registered with the Spanish Ministry of Justice, the Centre de Mediació de Catalunya and the ICAB ADR Centre, I offer mediation services specifically aimed at resolving conflicts between clients and legal professionals.

My objective is not to judge who is right, but to facilitate communication between the parties, help them better understand their respective positions and explore possible agreements.

Mediation can be useful both when the conflict has just emerged and when complaints or proceedings have already been initiated before professional bodies.

When may it be advisable to use mediation?

Mediation can be particularly useful in situations such as:

• Disagreements regarding professional fees.
  • Lack of communication between lawyer and client.
  • Differences regarding the management of a legal matter.
  • Delays or incidents in the provision of the service.
  • Loss of trust between the parties.
  • Complaints already filed with ServiConsum.
  • Situations in which both parties wish to avoid an unnecessary escalation of the conflict.

An opportunity to transform conflict into a solution

Conflicts between lawyers and clients are more common than many people imagine.

However, experience shows that it is not always necessary to resort to lengthy, costly or confrontational procedures in order to resolve them.

Mediation offers an opportunity to engage in dialogue, clarify situations, rebuild trust when possible and find satisfactory solutions for all those involved.

If you have a conflict with a lawyer, or if you are a legal professional who wishes to resolve a disagreement with a client in a constructive, confidential and professional manner, mediation may be an alternative worth exploring.

Daniel Sererols Villalón
Lawyer and Conflict Mediator in Barcelona
Facilitator of Solutions
Tel. +34 661 463 306 · daniel@mediadorconflictos.com