We are a team of mediators
Mediation as an alternative to court
In Barahona del Val Abogados are aware of the negative sentiment that generally involves going deep in legal proceedings, especially when dealing with issues of particular delicacy or people completely outside the legal world.
Therefore, we take the opportunity given to us with the approval of the Law 5/2012, of July 6th of Mediation in Civil and Commercial Matters, which provides a means of conflict resolution alternative to court, mediation.
The main feature of the mediation process is not adversarial character, ie are the opposing parties themselves which, in the midst of a negotiation and dialogue, find the solution that best serves the interests at stake. In this way they will not be alone, but on the advice of one or more mediators Office acting neutrally and ensuring equality between the parties, who are also practicing lawyers, so that they have the professional and personal skills suitable to direct the procedure.
But what advantages does this process of mediation? As we advanced, the main advantage is that the solution to the conflict set is not imposed by a third party, it is the parties themselves who come to an agreement that puts an end to their dispute, so this effectively solve the problem raised, as no better than the affected parties know their extent. This achieves that the agreements reached are more durable, being what is really wanted by the parties, thus avoiding the appearance of future troubles.
This agreement was reached through improved communication of the parties and open dialogue between them, which will be heard and advised both joint and individual sessions.
Mediation is voluntary, it is necessary the will of the parties to undergo this procedure and, in addition, at any time, the parties may decide to leave, not being forced to agree.
In addition to reducing the psychological impact of legal proceedings, to mediation reduces the economic impact, being a more economical process.
Another advantage is the saving of time in resolving the conflict over judicial proceedings, through flexibility and anti-formalist.
Importantly, the mediation agreement is binding between the parties, in addition to constituting an enforceable once it is raised to a public deed, thus ensuring compliance with the agreement.