MEDIATION AND NEGOTIATION. – BENALMADENA – Ruiz Ruiz …

Mediation is a conflict management and resolution system that can be alternative, complementary or independent to the judicial system. It is a method of dispute resolution, whereby two or more parties, with the help of the mediator, try to reach an agreement. Its legal regulation, Directive 2008/52/CE of the European Parliament 21 of May, which was transposed in Spain through the Law 5/2012, of 6 July, on mediation in civil matters and mercantile and Law 1/2009, 27 of February, regulating Family Mediation in the Community of Andalucía.

The mediator is a professional, specifically trained in the field of mediation and negotiation, he or she will direct the process and ensure that it is carried out with all the guarantees established by law. It is a process that is structured in sessions based on the meeting. It is fast and inexpensive, flexible and personalized depending on the needs of the people and it has a full legal guarantee.

Mediation agreements have the legal validity of a private contract between the parties, with the possibility to convert it into a document with executive force in the Notary or in the Court.

Mediation can be carried out in civil and commercial conflicts, in contractual matters, commercial relations, consumer or horizontal property. In the family and inheritance field it can be object, for example; divorces, separations, liquidation of the matrimonial property regime, custody, hereditary conflicts, conflicts between family members, conflicts in the family business, etc. Also, neighborhood relations are a common focus of conflicts for which there is not always a way out according to the problem through the Courts.

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