With the Law 5/2012 of Civil and Commercial Mediation, Spain has gotten on a train that was missing and that, nevertheless, has awakened the enthusiasm of magistrates, lawyers, notaries, social workers, psychologists and the mediators themselves: mediation. The Law consecrates the recognition of the legislator that mediation is an absolutely necessary and highly advantageous means of conflict resolution. At the same time, it has established a flexible general regime that provides the necessary dose of legal security.
The new social realities demand new forms of solution, alternative ways to resolve conflicts inter partes beyond litigation, agility, savings, confidentiality, specialization and adaptation of the solution to the interests of the parties make mediation an alternative highly advantageous for conflict resolution. The procedure in addition to faster and less expensive, both financially and personally, allows the parties to control the solution as they are the ones who have to settle their differences with the help TAKE THE ALTERNATIVE AND CONTROL THE SOLUTION.
MARTÍN MOLINA bets seriously on mediation. We are a firm of lawyers and economists specialized in the management and resolution of conflicts, with extensive experience in the management of companies in crisis. Led by a team of recognized prestige, our cabinet is composed of professionals with specific training in conflict resolution, negotiation and mediation techniques and who have extensive experience in the legal, economic-business and mediation and arbitration.
In our office, the Mediation Team directs the processes, facilitates the smooth development of the sessions, negotiations and communication between the parties, supporting them to find a solution to the conflict through communication, understanding and agreement, without suggest or impose solutions, and with absolute confidentiality.
Our role as mediators is to guide and moderate, acting as a bridge for the parties to regain lost communication, in addition to listening to the people involved; identify their positions, interests and needs; and offer resources for the transformation of negative attitudes.
Mediation is 76% cheaper and is 5 times faster than ordinary justice. Conflicts are resolved in an average of 88 days, compared to the 548 on average that the judicial resolution needs
(World Bank, Data 2012)
Mediation, as an alternative mode of conflict resolution, can lead to less traumatic solutions than the long time invested in the process and the agreement reached will always be less harsh than the judicial resolution that relies exclusively on the reasoned application of the legal norm of a neutral, objective and impartial third party and in a confidential and voluntary manner, which It favors their relationship to continue in the future.
(OCallaghan Muñoz, STS 324/2010)