Mediation and its advantages
Everybody knows that using the jurisdictional way of solving conflicts, in its great majority are long and expensive processes where you not only loses time and money, but it can lead to more severe problems due to the emotional strain that comes with being immersed in a judicial process. Fortunately, there are other ways, in this case the mediation, which allows resolving the conflict quickly, easily and less expensively.
The mediation is about an out-of-court conflict resolution based on an impartial figure, denominated mediator, which the only thing that does is to approach the positions of the parties with the objective of reaching an agreement, also can provide a solution but in no case will be binding. The solution adopted must be accepted by all of the parties.
The whole process will be completely confidential, voluntary and totally flexible, so it can be adapted to each of the parties’ needs.
The advantages offered by this method are undoubted, which emphasizes above all things the speed, since the solution can be reached in a few sessions (always shorter than a judicial process). It should also be renamed, that does not suppose the rupture of relations between the parties, since the decision has been made by mutual agreement between the parties and has not been imposed by an impartial third party with the power to do so. Also the good faith predominates when going voluntarily and can prevent future conflicts that are latent.
But as every process, it also has advantages and disadvantages, which we will highlight one above the rest and is that you cannot always take into account the difference that may exist between the parties in the process, which could lead to the signing of unfair pacts for the weakest party or parties, something that in principle should not happen if we go to a court of law.
There is no doubt that this method is being used in more and more areas and by more people tired of the common judicial process, all this promoted by the European Union, that through its directives, regulations or decisions, tries to force the country members to develop greater and more effective instruments to facilitate citizen access to mediation.
We hope that this information about mediation has been very useful, and if there is any doubt, we will be able to resolve it.