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Mediation as an alternative dispute resolution method:
Whenever a new case comes to us, our goal is for clients to be satisfied with the outcome of the relevant legal proceedings. Reaching an agreement is always the preferred outcome, which is why, in many situations and wherever possible, provided all parties are willing, we refer our clients to a Mediation process. The aim is to avoid litigation and help the parties reach a resolution to their dispute on their own terms, through a Mediation agreement.
At iusfamilia (by Conesa Legal) we work with complete impartiality, helping both parties move closer to one another's positions in order to achieve the best possible outcome for everyone involved.
Our approach is built on transparency and trust. We begin with an initial session, after which we draw up a tailored quote and agree on payment terms suited to each individual case, including an estimate of the number of sessions likely to be required.
WHAT EXACTLY DOES THE FAMILY MEDIATION PROCESS INVOLVE?
Mediation is an alternative to court proceedings.
Mediation involves encouraging dialogue so that the parties can reach whatever agreement works for them. It is conducted with the assistance of a qualified professional, the mediator, who acts as a facilitator, helping the parties work through their dispute and arrive at a mutually agreed solution.
Each party attends the mediation sessions without their lawyer present. However, when it comes to signing the final agreement, legal representation is required to advise on whether the terms are appropriate and legally sound.
Family mediation is a voluntary process aimed at resolving disputes that arise within the family unit out of court, whether between partners, within the broader family, or in a family company.
HOW DOES MEDIATION WORK?
One of mediation's key strengths is that it is a flexible, informal process. That said, it is still structured and follows distinct stages, which may be completed in one or several sessions depending on the circumstances:
1. Information stage: The mediator provides both parties with all relevant information about the mediation process, including its characteristics and principles, purpose, standards of conduct, possible agreements and their consequences, timescales, costs and how they are shared, and so on.
2. Constitutive stage: The parties agree to commence the process and submit to mediation by signing an agreement formally accepting the mediation.
3.- Mediation phase: Structured joint or individual sessions in which the parties negotiate and the mediators guide the dialogue. Alternative solutions are proposed and agreements are reached through mutual commitments.
4.- Final session: This is the stage at which the mediation process concludes. If an agreement has been reached, its terms must be incorporated into the Final Mediation Record for signature by all parties as confirmation of their acceptance. If no agreement is reached, this is also recorded and reasoned in the Final Record.
5.- Formalisation of agreements as a public deed (notarisation or judicial approval): Agreements reached in mediation carry the same legal weight as a contract. They may be formalised as a public deed before a notary, or judicially approved, thereby acquiring the status of an enforceable title, meaning either party may seek court enforcement of the agreement.
If you would like information about corporate mediation, please contact our specialist company mediation lawyers.
CORPORATE MEDIATION:
The idea that mediation is an effective way to resolve disputes is gradually gaining traction within businesses, and in many cases it proves a better option than litigation.
In employment law, mediation has long been used at the Labour Court of Catalonia and other similar bodies as a recognised procedure for resolving collective disputes between employees and employers.
Mediation is also a dispute resolution procedure we recommend when an employer asks us how to implement an equality plan within the company, and what measures can be negotiated with employee representatives as positive action initiatives.
MEDIATION IN FAMILY-RUN COMPANIES:
Maintaining a regime of joint ownership or co-ownership among several individuals, including members of the same family, can give rise to conflictual situations that call for long-term solutions. The family company is a prime example of the need to manage day-to-day differences and resolve disputes as they arise.
Mediation creates a new space in which to explore different options, revisit commitments, and clarify or reframe personal and family life plans during times of conflict, with the goal of reaching agreed solutions as an alternative to litigation.
If you would like more information about company family mediation, please contact our specialist mediation lawyers for company matters.
MEDIATION IN INHERITANCE DISPUTES:
Following a person's death, conflicts can arise when the will is read or the estate is opened for distribution.
In mediation, each party is supported in a way that validates their individual experience, while the necessary neutrality and impartiality of the process are maintained. Each party can be confident that their perspective will be heard. They are guided through a decision-making process concerning their personal, emotional, relational, and financial future, with the aim of reaching agreed outcomes as an alternative to court proceedings.
MEDIATION BETWEEN PARENTS AND CHILDREN, SIBLINGS AND GRANDPARENTS:
The purpose of family mediation is to rebuild and restore family and personal relationships by developing new communication strategies and, at the same time, offering a different way to approach the difficult moments that life presents as opportunities for growth and change. At iusfamilia, we provide support in understanding and coming to terms with the conflict that has led to estrangement from loved ones or those who matter in our lives.
We also provide guidance in developing new frameworks for family and personal communication, frameworks that allow us to approach our situation with greater objectivity, even when it is one we never thought we would face. This includes drafting agreements, reviewing existing ones, and addressing matters relating to grandparents' rights regarding contact and stays with their grandchildren, with the aim of reaching mutually agreed solutions as an alternative to court proceedings.
MEDIATION IN SEPARATIONS AND DIVORCES:
The mediation process begins when a family system starts to show signs of disruption in its day-to-day dynamics: relationships between its members become more distant, more strained, more cold. Communication patterns gradually lose the warmth that had characterised them from the outset.
Family mediation supports all members of the family in recognising that what they are going through is a painful process, one that does not always allow them to make the decisions that best reflect their current circumstances.
At iusfamilia, we guide families through the discovery of new relational approaches that foster mutual understanding. This includes the development of parenting plans and explicit agreements designed to untangle emotional knots and help all parties reach more balanced positions when navigating emotionally charged situations that may otherwise hinder the relationship between parents and children.
