{"id":19562,"date":"2026-09-16T10:57:14","date_gmt":"2026-09-16T08:57:14","guid":{"rendered":"https:\/\/mediadorconflictos.com\/conciliacion-privada-en-barcelona-y-formacion-continua\/"},"modified":"2026-09-16T11:14:34","modified_gmt":"2026-09-16T09:14:34","slug":"private-conciliation-in-barcelona-and-continuing-professional-development","status":"publish","type":"post","link":"https:\/\/mediadorconflictos.com\/en\/private-conciliation-in-barcelona-and-continuing-professional-development\/","title":{"rendered":"Private conciliation in Barcelona and continuing professional development"},"content":{"rendered":"

Private conciliation in Barcelona and continuing professional development: how to formulate a good proposal<\/h3>\n

Continuing professional development is part of the way I understand the professional practice of mediation and conflict conciliation in Barcelona and Catalonia<\/strong>. Conflicts change, tools evolve, and those of us who work professionally in conflict management need to continue learning, sharing experiences and reviewing the way we work.<\/p>\n

Since the publication of Organic Law 1\/2025<\/strong>, which has provided significant impetus to appropriate means of dispute resolution (MASC), I have completed three specific training programmes in conciliation<\/strong>. Two of them through the Consell de l\u2019Advocacia Catalana (CICAC)<\/strong> and another through the Col\u00b7legi Oficial de Psicologia de Catalunya (COPC)<\/strong>.<\/p>\n

I am currently taking part in the 2026 Advanced Training Course in Conciliation<\/strong>, organised by the Consell de l\u2019Advocacia Catalana. The training is being delivered through different Bar Associations across Catalonia and, in my case, I attend the sessions held in Barcelona.<\/p>\n

For me, this commitment to continuing education is not simply about keeping up to date with legislative changes. Conciliation also requires practice, tools and a constant review of the way we listen, ask questions, intervene and formulate proposals.<\/p>\n

Last Monday, I had the opportunity to attend a session delivered by Merc\u00e8 Alaball Gim\u00e9nez<\/strong>, President of the Associaci\u00f3 de Professionals de la Mediaci\u00f3 de Conflictes de Catalunya (ACDMA)<\/strong>, an association of which I am also a member. The session focused on an issue that I consider particularly relevant for those of us who work professionally in conciliation: how to identify and formulate the best proposals to help the parties move towards a possible agreement<\/strong>.<\/p>\n

It was three hours of highly practical work. Using different panels, participants worked together on specific questions and situations, shared our responses and subsequently compared our reflections. It was a dynamic methodology that allowed us to put into practice many issues that may appear simple on paper but are not always so straightforward when we are dealing with a real conflict.<\/p>\n

In conciliation, there is no need to rush<\/h3>\n

One of the ideas from the session that I consider most important is the need not to rush when formulating a proposal<\/strong>.<\/p>\n

The conciliator is not there to quickly find a solution and put it on the table. Before doing so, they need to listen, observe, ask questions and understand what is happening.<\/p>\n

They must also know how to manage the timing of the process. A proposal may be a good one and yet be presented at the wrong moment.<\/p>\n

Before intervening, there are several questions that I find particularly useful:<\/p>\n

Have I observed enough?<\/strong><\/p>\n

Have I understood what the real problem is?<\/strong><\/p>\n

Do I understand the parties\u2019 interests and needs?<\/strong><\/p>\n

Is this the right moment to formulate a proposal?<\/strong><\/p>\n

There is another issue that we should not overlook: not every conflict is suitable for mediation or conciliation<\/strong>. Knowing how to assess whether a conflict can appropriately be addressed through mediation, conciliation or another MASC procedure is also part of our professional responsibility.<\/p>\n

The facts and the story we construct around them<\/h3>\n

Another aspect we worked on during the session was the difference between the facts and each person\u2019s interpretation of those facts.<\/p>\n

When two people enter a conciliation process, each of them brings their own story of the conflict. They have experienced certain events, but they have also interpreted those events through their own experience, expectations, needs and interests.<\/p>\n

That is why, before considering possible solutions, we need to understand the parties\u2019 stories<\/strong>.<\/p>\n

Initial meetings, active listening and open questions are particularly important. It is not enough to know what each person is asking for. We need to try to understand why they are asking for it and what need or interest lies behind that position.<\/p>\n

For those of us who work professionally in conciliation, there is a particularly interesting question:<\/p>\n

Are we working with the facts or with the parties\u2019 interpretation of those facts?<\/strong><\/p>\n

We are probably working with both. Being aware of this helps us understand the conflict more fully before intervening.<\/p>\n

Ten criteria for assessing a conciliation proposal<\/h3>\n

One of the most practical tools I am taking away from this training is a checklist that can be extremely useful before formulating a conciliation proposal<\/strong>.<\/p>\n

These are the ten criteria that I believe should be considered:<\/p>\n

    \n
  1. 1. Legality.<\/strong> The proposal must comply with the law. We cannot propose a solution that is contrary to the law.<\/li>\n
  2. 2. Feasibility.<\/strong> It must be capable of being implemented in practice and carried out by the parties.<\/li>\n
  3. 3. Acceptability.<\/strong> Knowing the conflict and the people involved, we should ask ourselves whether the proposal has a reasonable prospect of being accepted.<\/li>\n
  4. 4. Balance.<\/strong> It is important to assess whether the proposal maintains an appropriate balance between the parties\u2019 interests.<\/li>\n
  5. 5. Sustainability.<\/strong> Resolving the immediate problem is not enough. We should consider whether the solution can be maintained over time.<\/li>\n
  6. 6. Alignment with the parties\u2019 interests.<\/strong> As far as possible, the proposal should respond to the needs and interests that we have identified during the process.<\/li>\n
  7. 7. Timing.<\/strong> Is this the right moment to put the proposal forward? Timing is also part of the proposal.<\/li>\n
  8. 8. Clarity.<\/strong> The parties must clearly understand what is being proposed and what its consequences would be.<\/li>\n
  9. 9. Ability to break a deadlock.<\/strong> A proposal can be particularly useful when it helps overcome a negotiating impasse or opens up an option that had not previously been considered.<\/li>\n
  10. 10. Respect for the parties\u2019 autonomy.<\/strong> For me, this final point is fundamental. The proposal must always leave room for the parties themselves to decide, without creating a sense that a solution is being imposed upon them.<\/li>\n<\/ol>\n

    Before speaking, therefore, we can carry out one final check: is the proposal lawful, feasible, acceptable, balanced, sustainable, aligned with the parties\u2019 interests, timely, clear, capable of breaking the deadlock and respectful of their autonomy?<\/strong><\/p>\n

    And I would add one more question:<\/p>\n

    Is this really the best proposal I can formulate at this particular moment?<\/strong><\/p>\n

    Making decisions before speaking<\/h3>\n

    This idea sums up much of what we worked on during Merc\u00e8 Alaball\u2019s session: in conciliation, we need to learn to make decisions before we speak<\/strong>.<\/p>\n

    The conciliator needs to decide whether to formulate a proposal or whether it is still too early, whether it is better to present one or several alternatives, when to do so and how to present them.<\/p>\n

    They must also know when it is preferable not to make any proposal and to continue listening.<\/p>\n

    When the time comes to present a proposal, particular care is required. The words, tone, timing and communication style all matter. The same proposal may be received very differently depending on how it is formulated.<\/p>\n

    All of this must be done without compromising impartiality. The conciliator can help open up new avenues, suggest alternatives and contribute to breaking a negotiating deadlock, but should not convey the impression that there is only one correct solution or that the parties are required to accept it.<\/p>\n

    The conciliator may formulate a proposal. The decision always remains with the parties.<\/strong><\/p>\n

    Continuing to learn in order to manage conflicts better<\/h3>\n

    After years of working professionally in mediation and conflict management<\/strong>, I still consider continuing professional development essential.<\/p>\n

    The entry into force of Organic Law 1\/2025<\/strong> and the increased importance of MASC<\/strong> have opened up a particularly interesting period for those of us who work professionally in conflict prevention and management.<\/p>\n

    However, professional development cannot be limited simply to understanding legislation. That is why I particularly value sessions such as the one delivered by Merc\u00e8 Alaball, which encourage us to review how we listen, how we ask questions, when we intervene and how we can do so more effectively.<\/p>\n

    The CICAC Advanced Training Course in Conciliation<\/strong>, which is being delivered in different locations across Catalonia, is also an example of the growing importance of conciliation, mediation and MASC<\/strong> as ways of addressing conflicts.<\/p>\n

    As a lawyer, conflict mediator and private conciliator in Barcelona<\/strong>, I believe that continuing professional development is not simply about accumulating knowledge or certificates. It is a professional responsibility.<\/p>\n

    Behind every mediation or conciliation there are people, companies, business partners, organisations or other entities that need to find a way of dealing with a situation that, in many cases, has been deadlocked for some time.<\/p>\n

    And perhaps one of the simplest questions we can ask ourselves before intervening is also one of the most important:<\/p>\n

    Have I listened enough, have I understood what the parties need, and is this the right moment to intervene?<\/strong><\/p>\n

    Because, very often, a good conciliation proposal begins long before it is actually formulated.<\/strong><\/p>\n

    When should you use a private conciliator in Barcelona?<\/h3>\n

    Private conciliation<\/strong> can be particularly useful when the parties to a conflict want to try to resolve it without going directly to court, or when negotiations have reached a deadlock and the intervention of a neutral professional may help.<\/p>\n

    In conciliation, the professional can take a more proactive role than in mediation. After listening to the parties, gaining a sufficient understanding of the conflict and identifying their interests and needs, the private conciliator<\/strong> can help explore alternatives and, when appropriate, formulate specific proposals that may bring the parties\u2019 positions closer together and facilitate an agreement<\/strong>.<\/p>\n

    The final decision always remains with the parties.<\/p>\n

    In my work as a conflict mediator and private conciliator in Barcelona and Catalonia<\/strong>, I focus particularly on business, commercial and organisational conflicts<\/strong>, areas in which the intervention of a neutral third party can be especially useful when a relationship or negotiation has reached a deadlock.<\/p>\n

    Conciliation can be used, among others, in the following situations:<\/p>\n

    Conflicts between business partners<\/h4>\n

    Particularly when there are disagreements regarding the future of the company, its management, the departure of one of the partners or the financial terms of a separation.<\/p>\n

    Family businesses<\/h4>\n

    Where personal and family relationships may be added to business issues, making it more difficult to reach an agreement.<\/p>\n

    Contractual and commercial disputes<\/h4>\n

    Where disagreements arise regarding the performance, interpretation or development of a commercial relationship.<\/p>\n

    Conflicts within companies and organisations<\/h4>\n

    Involving people with different responsibilities, governing bodies, management teams or other internal structures.<\/p>\n

    Associations, foundations and other organisations<\/h4>\n

    When disagreements arise between members, boards, governing bodies or individuals holding positions of responsibility within the organisation.<\/p>\n

    In these situations, conciliation provides a structured space for negotiation and access to a professional who can help organise the conflict, identify the real points of disagreement and explore possible solutions.<\/p>\n

    The purpose is not to impose an agreement. It is to help the parties find one and, when useful, to formulate proposals that can help break the negotiating deadlock<\/strong>.<\/p>\n

    If you are facing a business, commercial or organisational conflict, a dispute between business partners or a situation that you believe could be addressed through mediation or private conciliation<\/strong>, you are welcome to contact me. An initial assessment can help analyse the conflict and determine which procedure may be most appropriate.<\/p>\n

    Daniel Sererols Villal\u00f3n<\/strong>
    \nLawyer, conflict mediator and private conciliator in Barcelona<\/strong>
    \nMember of the Associaci\u00f3 de Professionals de la Mediaci\u00f3 de Conflictes de Catalunya (ACDMA)
    \nMediation, private conciliation and MASC
    \nBarcelona and Catalonia<\/p>\n

    \ud83d\udcde Tel. 661 46 33 06<\/strong>
    \n\u2709\ufe0f daniel@mediadorconflictos.com<\/strong><\/a>
    \n\ud83c\udf10 mediadorconflictos.com<\/strong><\/p>\n\n\t\t