ARBITRATION AND MEDIATION
A DIFFERENT PATH TO JUSTICE
PEACEFUL DISPUTE RESOLUTION
With the passage of Law 5/2012 on Civil and Mercantile Mediation, Spain took a step forward that was welcomed by magistrates, lawyers, notary publics, social workers, psychologists and mediators themselves: Mediation. The new law enshrined the legislators´ recognition of a much needed and highly advantageous means of dispute resolution, while at the same time establishing a flexible regime with the due dose of legal guarantees.
New social realities call for new solutions and alternative conflict and dispute resolution processes, inter partes, in out-of-court settings. The arbitration and mediation process is faster and less costly, economically and personally, since it allows the parties greater control in resolving differences themselves, aided by an objective, impartial third party. Agreements are voluntary and confidential, and many mediation participants choose to continue business relationships with counterparties.
TAKE THE ALTERNATIVE AND CONTROL THE SOLUTION.
LEGAL Y ECONÓMICO believes in the value of mediation. We are a firm of attorneys and economists specialized in conflict management and resolution, with ample experience assisting clients in crisis management. Our team of prestigious professionals, with specific training in conflict resolution, negotiation, mediation and arbitration procedures and techniques, has ample experience in across the legal and corporate spectrum involved.
Our Mediation Team manages processes with discretion, advising clients and working to facilitate the kind of good communication during meetings and negotiations that enables parties to reach understandings and agreements in an environment of trust and confidentiality.
Our role as mediators is to advise, guide and moderate; to help parties listen to one another and understand positions, interests and needs, and to offer parties acceptable ways out of negative positions, while not imposing or suggesting solutions.
Mediation is 76% cheaper and 5 times faster than litigation. Conflicts are generally resolved in 88 days, compared to the 548 days required for in-court litigation.
(World Bank, 2012)
Mediation is an alternative means of conflict resolution, that not only saves time and money, but is also less traumatic for parties than awaiting a decision by the courts.
(O´Callaghan Muñoz, STS 324/2010)