What is a mediator?
The mediator is a professional trained in mediation, duly accredited, that will comply with the legal requirements established to be able to provide their function.
Can I be accompanied by my Lawyer/Attorney to Mediation?
The parties must come personally. It is advisable that the lawyers accompany them to the first informative session. The lawyers are still the legal advisors of the parties to the proceedings, so they must know the final mediation agreement before signing.
Is it obligatory attend to mediation?
It is not an obligation; mediation is a voluntary way to solve conflicts, even though parties have agreed to submit a dispute to mediation, they are not obliged to continue with the mediation process after the first meeting. In this sense, the parties remain always in control of a mediation. The continuation of the process depends on their continuing acceptance of it.
What happen with the litigation process?
Mediation can be used at any stage of a dispute. Thus, it can be chosen as the first step towards seeking a resolution of the dispute after any negotiations conducted by the parties alone have failed. Mediation can also be used at any time during litigation or arbitration where the parties wish to interrupt the litigation or arbitration to explore the possibility of settlement. If agreements are reached, prior to their legal control by the lawyers of the parties, they may be taken to homologate to be judicially approved.
What happen when mediation fails?
A failed mediation may not have failed – there may be no agreement on the day, but airing the issues face to face may mean a settlement is reached soon after, or, at least there may be agreement on some points which leaves fewer points to litigate over and potentially less costs incurred.