Table of Contents
What is Mediator?
In this sense, there are options such as professional business mediator, legal and legal Mediator, or family mediation or Mediation related to health.
Alternatively, new trends have appeared in Mediation in recent decades, thanks to the growth of disciplines such as cultural or educational Mediation.
The Main Objective of the Mediator
In many cases, Mediation is a way of avoiding legal conflicts or making them available to courts or other decision-making bodies.
In most cases, the advice provided to the interested parties involves an element of arbitration and Mediation, whose main objective is to resolve conflicts or make decisions and agreements.
For this reason, a mediator must have a high degree of impartiality and independence to carry out their work properly.
For this reason, it is consider that these professionals assume responsibilities externally.
Main Characteristics of a Mediator
The activity carried out by the mediators configures their professional profile in such a way that:
- A mediator can act in the form of both a natural person and a legal entity.
- At the same time, there are both public and private mediators.
- They act following the guidelines of third parties. In many cases, the companies themselves place them as a link with their networks of clients. If they only work for one of them, they are called exclusive agents.
- There is also the individual modality, in which a professional becomes an independent advisor or belongs to a company dedicated to these functions. They are commonly called linked agents.
- Must have training and knowledge of the different existing products. In other words, a mediator must have specific training or education in the field in which he carries out his mediation task.
- Given the above, you must be able to establish models of work and advice, as well as be able to communicate them to your clients faithfully.
- Their remuneration is carried out, to a large extent, through commissions. Often, the achievement of particular objectives or the completion of various specific projects determines your profit.
- Carrying out mediation work is legally regulated. In other words, the official registration of every professional who performs these tasks is necessary. It is the case in fields such as finance, insurance or law.
Examples of Mediators in Different Contexts
The figure of the professional mediator is present in multiple fields of everyday life, becoming a relevant daily role in specific social and economic sectors.
In finance, a mediator is an economic agent who deals with the recommendation of specific financial products to his clients. They offer investment opportunities in insurance policies, securities or other beneficial financial instruments for their clients.
It is the examples of financial intermediaries, brokers or stockbrokers and insurance and brokerage mediators.
The presence of mediators in business conflicts or other strategic operations that involve reaching agreements, such as creating joint ventures or establishing an ERE, is also very common .
Following this line, it is vital to highlight the role of legal or legal mediators. These figures are crucial in resolving conflicts of all kinds and based on the different legislations. Examples of them are Mediation in divorce proceedings or environmental cases.
What Advantages does Mediation offer Us?
The quick and definitive solution that ensures the preservation of commercial relations: Voluntary, fast, simple and low-cost service.
Specialized solution in the subject substance of your conflict: Technical team of qualified mediators with demonstrated capacity and experience in alternative dispute resolution. Mediators approved by the Chambers of Commerce.
Easy admission to justice, promoting communication and understanding among parties: Confidential and trustworthy service for companies to find an amicable solution to their differences.
Maximum legal certainty: Guarantee of acting under the umbrella of the Chambers, as Public Law corporations. Installations for the development of the process. Control and monitoring of the mediation procedure.
The procedure may be initiate by applying, by joint agreement between the parties; of one of the parties in compliance with an agreement to submit to Mediation; of one of the parties, to invite the other party to submit to Mediation without the prior existence of a deal in this regard. In the case of intrajudicial conciliation, the provisions of the conventions and agreements signed with the corresponding institutions will apply. After acceptance of the request by the Chamber, a mediator will be appointe, communicating it to the parties so that they can make use of their right to challenge them justifiably. The parties may range an agreement on the person who will act as a mediator. Provided that the person chosen forms part of the official list of mediators of the Chamber
The parties are summone for the information session that may remain held individually or jointly. The suggested mediator will inform the parties of the reasons that may mark his impartiality, his profession, training, experience, the characteristics of the Mediation, the cost, the organization of the procedure, the legal consequences of the agreement. The term to sign the constitutive act, and the possible effects and also, incidents in the judicial process. In the event of unjustified absence of any of the parties, it will be understood that they withdraw from the requested Mediation.
If the parties agree to start Mediation and the mediator considers the matter curable, he will summon the constitutive session. The gatherings will sign the Initial Act, which will express the will to participate and the acceptance of the responsibility of confidentiality. The Initial Act will contain expressly the identification of the parties, the designation of the Chamber as the mediation institution, the object of the conflict that is submit to Mediation. The program of actions and maximum expected duration, the cost, the declaration of voluntary acceptance of the Mediation and also, of its derived obligations. The place of celebration and language of the procedure, the term to sign the constitutive act.
They will consist of joint or individual interviews of the parties with the mediator.
Completion Of Mediation
The Mediation may conclude in total or partial agreement or end without reaching an agreement. The mediator will draw up the Final Act, accrediting the number of sessions. And other fundamental aspects such as the parties involved, the attendees, and concisely. The total or partial agreements reached or the cause of termination. It will be signe by all parties, the mediator and also, the advisors who have intervened.
A mediator is an individual or professional encryption of the media and also, the accomplishments of individuals and businesses. Receive the recommendation on the parts that reconsider its services and the resolution of possible conflicts.