FAQs about Mediation
Here are answers to the most frequently asked questions.
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Mediation is an alternative dispute resolution in which the parties, with the intervention of a mediator, initiate a process of negotiation whose objective is the attainment of satisfactory agreements for all parties.
Any dispute that does not affect rights and obligations that are not available to the parties.
The mediator is the conduit of the mediation proceedings. The mediator does not judge nor offers value judgement. The mediator establishes a negotiation environment which facilitates the communication between the parties and helps to explore possible points of agreement.
Normally only one mediator is used. Nevertheless, in complex cases with a multiplicity of parties or transnational cases for language or cultural reasons, the mediation can be conducted by more than one mediator.
The participation of lawyers in mediation proceedings is advisable. They are active collaborators that help and give legal advice to their clients about the different proposals and alternatives to reach an agreement on the best terms possible.
No. They are two completely different forms of alternative dispute resolution.
The main difference is that in arbitration the arbitrator has the obligation to resolve the dispute via a decision – called award-. In mediation the mediator only facilitates the necessary channels of communication so that the parties, by themselves, reach a satisfactory agreement.
Mediation starts with a request via email (firstname.lastname@example.org) or post (Calle de las Huertas, 13, 28012 Madrid) addressed to the Mediation Service of the Madrid International Arbitration Center.
The request can be submitted in the cases in which a mediation clause exists, but also without one if a party invites the other to mediation.
The basic costs of a mediation are the mediator fees and the filing and administrative fees of the mediation institution where the parties attend to manage their dispute.
The filing and administrative fees of the Mediation Service of the Madrid International Arbitration Center, as well as the mediator fees can be found detailed in the Annex I to the Mediation Rules.
The costs in a mediation are paid, unless otherwise agreed, in equal parts by the involved parties in the mediation.
There is no determined duration. Each mediation will have a duration in accordance with the complexity of the dispute. Although it is difficult to generalize, experience dictates that, once initiated, mediations usually end in few sessions.
One of the cornerstones of mediation is the willfulness of the parties to negotiate and resolve the dispute. Therefore, a mediation proceeding can be abandoned if so desired without losing the right or possibility to resort to an arbitral or judicial proceeding afterwards.
If parties wish to resort to the Mediation Service of the Madrid International Arbitration Center in the event of a dispute, they can include in the contract the following clause.