Alternative conflict resolution methods

“Litigation does not work because nobody wins”, this premise does not need to be demonstrated”. Throughout my almost 30 years of professional career I have been able to verify hundreds of clients who have had to suffer in their flesh the impotence of a judicial procedure that never ends. I can proudly say that there are few cases that this Lawyer has had to refer to the Courts for not being able to resolve them amicably. I believe in alternative solutions and I continue to work day by day to seek different approaches for conflict avoidance and resolution, thus avoiding financial and emotional wear and tear that not only affects your pocket, but also health.

But fortunately, we live in a changing society, a new philosophy of life begins to emerge in our society and specifically in the legal world. What good is confrontation? Who wins with a dispute? Is it worth the emotional drain that a conflict generates? Different tools within the legal world are emerging responding to these questions: preventive advocacy, collaborative practice, negotiation and compromise, mediation.

The purpose of a lawyer is to defend the interests of citizens. For this reason, the Courts should be there to resolve those disputes that have not been able to be resolved by other alternative dispute resolution methods. If this were the case, there is no doubt that citizens would be the first beneficiaries and our Judicial System would not be collapsed, nor would it be discredited as it is unfortunately in these times.

The Alternative Conflict Resolution Methods are characterized by being the parties themselves who voluntarily reach an agreement or transaction to resolve the conflict, therefore, it is through consensus that the parties reach a solution to the dispute. Dialogue, cooperation, consensus, voluntariness, confidentiality are necessary in this type of process through which the parties manage to better manage their conflicting interests, ensuring that both win.

Therefore, these alternative methods of conflict resolution are especially convenient when the relationships between the parties must endure after the litigation, such as family disputes, or between neighbors, property disputes, discussions between partners or companies with more or less permanent ties.

In Abogados MAR Consultores we have been working for years to resolve disputes through these other Alternative Conflict Resolution Methods such as:

• The negotiation
• Collaborative practice
• The transaction
• The conciliation
• The mediation

The judicial route is not the only way to resolve your disputes. Come to us and we will inform you of the different options to resolve your conflict with the lowest emotional and economic cost.