What is mediation?
Mediation is a tool to help people, communities, companies, institutions and organizations to solve their differences and reach a peaceful agreement, which can have a legal side or not, depending on whether it needs a judicial subsequent ratification or not
The figure of mediator
Mediation has it origins in the figure of the “good man” found in the Roman law. The role of the mediator is to facilitate the communication between the parts involved in a disagreement. As a facilitator of communication, one of his main purposes is to create a comfortable environment in which parts who want to reach an agreement, feel comfortable with. It is also important that people who resort to mediation feel that the relationship between parts is symmetrical and balanced during all the process.
Areas of application
Mediation is applicable in every kind of dispute between people, communities or entities. Regarding the legal scope, it is applied in Family law, especially if there are minors, Labour law, Commercial law (bankruptcy mediator), Mortgage law, Banking law and Civil law. It is convenient emphasize that, in commercial law, mediation is very useful to solve partners disputes and to approach positions of the different departments. In Administrative law, they are currently looking into the possibility to settle mediation as a precondition to go to court.
We have been family mediators for more than 10 years, and we practise as mediators in other fields since 2010. We are registered in the Registre de Mediadors habilitats pel Centre de Mediació en Dret Privat del Departament de Justícia de la Generalitat de Catalunya (Authorized mediators registry by the Private Law Mediation Center of the Justice Department of the Generalitat of Catalonia) and we are members of the Professionals for the mediation Association.