Not many days ago I wrote about the judicial collapse that is coming due to the “stoppage of the Administration of Justice caused by the Alarm State.”<\/p>\n
As many colleagues have recently pointed out, fortunately in Spain, not all disputes or conflicts have to be resolved through the Courts, since there are alternative means to resolve conflicts, such as MEDIATION<\/strong>, a means that we can use prior to the judicialization of the conflict, or even, once it has been prosecuted.<\/p>\n As I also said in the aforementioned article, our Administration of Justice at this time is not prepared for the number of probable issues that they are going to receive, which some have called the \u201ctsunami\u201d that will flood the Courts and Tribunals of cases that are impossible to resolve. The amount of writings and lawsuits that are expected and that are already being produced these days will irremediably lead to a judicial collapse. For this reason, the CGPJ is preparing a “Shock Plan in the Administration of Justice<\/strong>” aimed at agreeing on procedures, expanding the scope of the verbal trial, enabling the month of August, etc., remedies that will be completely insufficient to avoid the problem that is looming because unfortunately our Administration of Justice requires an extensive programming system, tools, computer resources, artificial intelligence, etc. to make possible this modernization so urgently and that we have been asking for professionals from the law and the Administration of Justice for so many years.<\/p>\n For all these reasons, we all hope that among these measures of that famous Shock Plan, it is included the mediation impulse <\/strong>and the need to try necessarily prior filing a lawsuit, the via solution.<\/p>\n There is no doubt that this is not a minor issue and that this pandemic in which we find ourselves requires preventive measures to prevent another pandemic from taking place, in this judicial case, as D. Augustin Azparren, \u00a0one of the great mediators that this country currently has, has recently called it. Therefore, mediation as a means of conflict resolution is more than necessary at the moment as it has been used in countries around us on a regular basis.<\/p>\n <\/p>\n But what does mediation consist of?<\/strong><\/p>\n Mediation is a voluntary, flexible and participatory process of peaceful conflict resolution whereby two opposing parties voluntarily turn to a third impartial person, the mediator, to try to reach an agreement satisfactory to both parties. The object is the search for solutions that meet the needs of both parties.<\/p>\n We classify mediation as an Alternative Conflict Resolution System. It is alternative because it is extra-judicial, that is, it is processed through channels other than the conventional ones to resolve disputes as Courts and Tribunals have been and are resolving.<\/p>\n <\/p>\n What am I going to obtain by going to a mediator?<\/strong><\/p>\n When the parties go to a mediator, they must be clear about the objective of the mediation. The objective of mediation is not to achieve an agreement, but there are several objectives that we intend to achieve among which are:<\/p>\n – The reestablishment of a new relationship between the parties to the conflict.<\/p>\n – The increase of respect and trust between both parties.<\/p>\n – Correct or clarify perceptions, points of view and false information regarding the problem.<\/p>\n – Create a framework that facilitates communication between the parties and that transforms the conflict into a solution for both parties.<\/p>\n Definitively, mediation promotes the search for solutions that meet the needs of both parties. For this, the quality of the mediator is vital. The mediator must have very specific characteristics, therefore, as in everything in life, any staff is not worth being a mediator. A mediator must be above all an impartial, objective person, with a great capacity to listen, tolerant, sensitive and understanding with the parties, who has the capacity not to get involved in the problem on a personal level with great communication skills and with great experience to provide solutions.<\/p>\n <\/p>\n Do I have security when going to a mediator?<\/strong><\/p>\n Mediation is perfectly regulated and is based on very firm Principles,<\/strong> among which are: 1. The neutrality<\/strong> of the mediator so that the mediator must be totally impartial and equitable and cannot take part in any of them; 2. Confidentiality<\/strong>, to ensure that there will be absolute privacy and guarantee for the parties of everything that is said in the sessions, cannot be used before any Court; Volunteerism, it is important that participants voluntarily decide to go to this medium because nobody can be forced to reach agreements. Therefore, all these principles will make mediation a safe and secure system for the parties.<\/p>\n <\/p>\n Are we ready to use this resource?<\/strong><\/p>\n In Spain Mediation is regulated in different provisions. At the state level we find Law 5\/2012 of July 6, Mediation in Civil and Commercial Affairs.<\/strong><\/p>\n Therefore, and fortunately, for the use of mediation, no legal reform has to be carried out. Furthermore, the aforementioned Law itself provides for a mediation system updated to the times, to the extent that article 24 of said text legal, establishes that mediation can be carried out by electronic means or any non-face-to-face means of communication, such as videoconferences, skype, mail, telephone, whatsapps, etc. Therefore, even with confinement, we the mediators can work, reach agreements and avoid the prosecution of numerous conflicts from our home.<\/p>\n As it is known, being in confinement will not prevent disputes from being resolved alone or reduced, on the contrary, confinement can lead to a situation of social stress that leads to family conflicts of different kinds, such as marital conflicts, family conflicts, custody problems, inheritance disputes between heirs, neighbourhood problems, conflicts over leases, consumer claims, banking, online commerce, etc. all of them possible to resolve through mediation. The use of mediation for the resolution of all these kinds of conflicts will improve the stress between the parties, it will save money by being a cheaper means of conflict resolution and above all it will save time and will decongest the Spanish Courts and Tribunals.<\/p>\n For all this and from here I encourage citizens with problems of all kinds to think about their health, get rid of their distress and anxieties and leave in the hands of mediation professionals the disputes or conflicts that they cannot resolve on their own without having to go to Court through a judicial procedure that will inevitably involve between relationships between people, useless emotional expenses and economic costs that in times of crisis must be avoided at all costs.<\/p>\n At MAR Consultores Lawyers we can help you in the mediation of any matter. Call us and request information at no cost. Stayathome.<\/p>\n","protected":false},"excerpt":{"rendered":" Not many days ago I wrote about the judicial collapse that is coming due to the “stoppage of the Administration of Justice caused by the Alarm State.” As many colleagues have recently pointed out, fortunately in Spain, not all disputes or conflicts have to be resolved through the Courts, since there are alternative means to […]<\/p>\n","protected":false},"author":2,"featured_media":1310,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[16],"tags":[],"class_list":["post-1313","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/www.abogadosmarconsultores.com\/en\/wp-json\/wp\/v2\/posts\/1313","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.abogadosmarconsultores.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.abogadosmarconsultores.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.abogadosmarconsultores.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.abogadosmarconsultores.com\/en\/wp-json\/wp\/v2\/comments?post=1313"}],"version-history":[{"count":2,"href":"https:\/\/www.abogadosmarconsultores.com\/en\/wp-json\/wp\/v2\/posts\/1313\/revisions"}],"predecessor-version":[{"id":1315,"href":"https:\/\/www.abogadosmarconsultores.com\/en\/wp-json\/wp\/v2\/posts\/1313\/revisions\/1315"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.abogadosmarconsultores.com\/en\/wp-json\/wp\/v2\/media\/1310"}],"wp:attachment":[{"href":"https:\/\/www.abogadosmarconsultores.com\/en\/wp-json\/wp\/v2\/media?parent=1313"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.abogadosmarconsultores.com\/en\/wp-json\/wp\/v2\/categories?post=1313"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.abogadosmarconsultores.com\/en\/wp-json\/wp\/v2\/tags?post=1313"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}