MEDIATION AS AN OUT-OF-COURT DISPUTE RESOLUTION METHOD:
Family mediation is a voluntary process that seeks to resolve disputes arising within a family or couple outside of court, through the involvement of a qualified professional (the mediator) who acts as a facilitator, guiding the parties towards a mutually agreed solution.
Mediation is an alternative process to litigation
Part 2: HOW TO ACHIEVE A SUCCESSFUL MEDIATION?
Each party attends the mediation sessions without their lawyer present; however, when it comes to signing the final agreement, legal counsel must be involved to advise on its suitability and ensure it complies with the law.
THE CONCEPT OF MEDIATION:
Mediation in private law is often confused with conciliation; however, the two differ in terms of methodology. A mediator never imposes a solution to the specific dispute, nor resolves it directly, rather, they facilitate its resolution through mediation techniques.
The mediator must help the parties examine the points in dispute, guiding the mediation process in a context of neutrality and impartiality, WITHOUT INFLUENCING THE PARTIES' DECISIONS.
COMPLEMENTARY PSYCHOLOGICAL advice:
Our additional support, where needed, consists of providing each party with tools of an individual, confidential and voluntary nature, so that they can each face the new family dynamic and work towards reaching an agreement.
Throughout this process, it is essential to address the range of emotions that arise on both sides, so that these do not interfere with a positive outcome. To this end, we work alongside our specialist psychologist, Maria Bermejo, who provides this complementary service independently and separately from the legal work.
MEDIATION IN CATALONIA:
Law 15/2009, of 22 July (an Act of the Catalan Parliament) on mediation in private law is a Catalan statute enacted under Article 130 of the Estatut d'Autonomia (Catalan Statute of Autonomy), which grants the Generalitat de Catalunya powers to enact specific procedural rules arising from the particular features of Catalan substantive law. This Act repeals Law 1/2001, of 15 March, on family mediation in Catalonia. The current legislation goes beyond its predecessor by extending the scope of mediation beyond strictly family law matters.
Accordingly, it makes mediation available not only in family law matters, but also in civil law matters more broadly. These include:
- Disputes arising within associations and foundations,
- Disputes arising in the context of commonhold property (homeowners' communities) and the management of day-to-day life in residential developments,
- Serious conflicts affecting civic or social coexistence, where the aim is to prevent proceedings being brought before the courts,
- Disputes stemming from differing interpretations of reality due to the coexistence of different cultures present in Catalonia,
- And any other dispute of a private nature where the parties will need to maintain a personal relationship in the future, provided it is reasonably still possible to avoid initiating court proceedings.
It is worth noting that, in principle, any private law dispute is capable of being mediated, provided both parties agree.
If a mediation agreement is reached, it is advisable to formalise it by way of a public deed in order to make it an enforceable title (Art. 517.2.4ª of the Civil Procedure Act).
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