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We help you to
close on good terms., reach agreements., resolve disputes.
Do you know what the BENEFITS of MEDIATION are?
IT RESOLVES DISPUTES
IT RESOLVES DISPUTES (Example)
Andres and Julio are two friends and partners who bought (with a mortgage) a commercial space and set up a bar. Everything was going well until they started having problems with each other. The relationship began to tense and any friction was the cause of an argument. The conflict becomes unbearable, customers begin to get uncomfortable and suppliers want to charge cash for preventing the business from closing. Who gets the bar? Who leaves? How to make everyone happy?
OPTIONS:
- One of the partners stays with the business and pays a certain amount to the other, but at the moment he has no money to pay his partner plus a mortgage, more assistant and other expenses. In this situation, Julio would be left without a job and without money, since whoever stays with the business would not be able to give him the money agreed upon.
- The same previous situation, but investing those involved.
- Judicial way: No matter the result, it would take a long time to resolve; the business would close, the bank would keep the premises, the two would be out of work and with debts to both suppliers and the bank.
AGREEMENTS REACHED IN CIVIL AND COMMERCIAL MEDIATION:
The bar was divided into two parts; both can be closed with gates. The premises, tables and music are shared. Julio has the bar from 6:00 a.m. to 6:00 p.m.: he opens the doors on his behalf and has the entire premises. Arrivals at 6:00 p.m. and after cleaning the whole place, he closes his part of the bar and Andres opens his part of the bar and he has the whole place from 6:00 p.m. to 6:00 a.m. At the end and after cleaning, it is Julio's turn again. Let's analyze the solution to the conflict: They both continue to have jobs, they continue to pay the mortgage between the two of them and each to their suppliers; each has its own independent accounts, conflict resolved. (The settlement in this example would never be ruled by a judge.)IT SAVES TIME AND MONEY
IT SAVES TIME AND MONEY (Example)
David had a fruit export company. His job consisted of buying the fruit from farmers to later sell it abroad. On one occasion, the company made an advance payment to one of its suppliers, but they paid him $ 264,000 pesos more than they had to pay him. Later, the farmer had financial problems and never returned what they had given him more. David went two years without receiving anything.
In desperation, he was about to go to court to get his money back, but he also went to mediation. This last process, managed to calm the relations between the two parties and reach an agreement to return the money in installments. Each one paid 5,500 pesos to settle the conflict. A lawyer could have cost David $ 44,000 pesos, much more time lost and perhaps the farmer ended up not paying.
IT AVOIDS LEGAL PROCEEDINGS
IT AVOIDS LEGAL PROCEEDINGS (Example)
The homeowner and his builder started a fight over the extension and modernization of a substantial country house. Construction stopped when payment was withheld and both parties went to court. The mediator spoke personally and confidentially with both parties to verify the issues that were really important to them and what was required to move forward. The mediation was organized in neutral premises. Both parties were disappointed that their longstanding friendship and trust relationship seemed lost.
The owner felt unable to occupy the house in its incomplete state and the builder did not feel confident that he would be paid if the work was completed.
The mediator brought both parties together and presided over a brief opportunity for each to explain how they saw things and how they wanted to solve it. The two had the opportunity to offer clarification and ask a question or two face-to-face. They both felt better understood after their chance to clear things up; the parties went to their private rooms with their representatives to consider what they had heard. The mediator helped them focus on their important issues, seeking clarification for themselves and discussing potential opportunities to suggest mutually acceptable solutions that gave mutual gain. The builder needed to avoid a county court ruling because this would further damage his credit rating and the homeowner needed resolution of an electrical problem and an assurance that work would resume and complete satisfactorily. With the help of the mediator, the builder agreed to instruct a certified independent contractor to supervise the completion and quality of a small part of the work and to sign it to produce the certificate that the owner needed. On the other hand, the homeowner agreed to a framework for additional work that would finance the builder with his difficult business period that potentially risked insolvency. The agreement was drafted by the mediator with input from both parties' advisers and formed the basis of a consent order endorsed by the judge.
We cannot solve our problems with the same thinking we used when we created them.-Albert Einstein
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Mediation is a voluntary process by which two or more persons involved in a conflict seek and agree on a satisfactory solution for it, with the help of an impartial third party, who is called a mediator.
- Mediation helps resolve disputes by helping the parties find a solution to their dispute. The fundamental principle is that the best solution to any controversy is, in general, the one found by the parties involved when they are able to communicate.
- The mediation process can save time and money, as well as reduce the number of stressful disputes. In general, thanks to mediation, the parties can resolve their disputes much more quickly and conveniently than if they went to court to resolve them.
- Confidentiality is another of the advantages of mediation, since the matter will not be discussed in front of third parties; everything that is discussed in the mediation sessions remains there.
- If the parties are currently involved in a trial, they may choose to resort to mediation as an alternative to resolve their disputes in order to stop a judicial process that can be lengthy, stressful, costly and the outcome of which may be beyond the control of the parties.
- One of the parties involved in a dispute. In that case, we will contact the other party (s) involved to find out if they are willing to participate in the mediation.
- The parties involved in a dispute may jointly request mediation.
- When there is interest from the parties to continue a good relationship.
- When there is a power struggle between the parties that leads them not to solve the problems because they want to keep each one in control.
- When it is clearly perceived that the causes of conflicts are communication problems.
- When the complexity of the conflict between the parties does not allow them to find solutions for themselves.
- When it is necessary to emotionally protect third parties in the conflict (example: children, parents, neighbors, colleagues, etc.).
THE MEDIATION PROCESS
1. BEGINNING
By agreeing to submit to the mediation process, both parties express their reasons for participating. At that stage, confidentiality agreements, voluntariness and the ratification of the rules to be followed in the process are signed, to ensure that all those involved have clarity in it.
2. ANALYSIS OF THE CASE
At that stage, the necessary information is collected. The mediator uses communication techniques to explore the interests and needs of the participants, so that they express their points of view and concerns regarding the conflict.
3. BUILDING SOLUTIONS
Possible solutions are generated by promoting dialogue, analysis and negotiation among the parties so that several viable options to resolve the conflict.
4. RESOLUTION
When settlement is reached, the agreement resulting from the process is developed and attested by the private mediator, which will entail execution to become enforceable before the corresponding courts.
OUR SERVICES
We have a team of Private Mediators to help you optimally resolve conflicts that may arise in civil, commercial or family matters.
CIVIL MEDIATION
This type of mediation proceeds in the case of disputes or conflicts arising from relations between individuals or corporate entities, as long as they do not involve issues of family law.
BUSINESS MEDIATION
It proceeds in those disputes or conflicts that derive from relations between merchants, due to their participation in acts of commerce, considered so by the corresponding laws.
FAMILY MEDIATION
It proceeds in conflicts of a family nature (marriage, concubinage, paternity, etc.), such as those derived from a testamentary matter, a divorce, alimony, guardianship and custody, among others.