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What is mediation?
Mediation is an assisted negotiation. It is a process where an impartial third party facilitates communication and negotiation, and prompts parties to voluntarily make decisions to resolve their dispute. Mediation serves to remove barriers to communication, to clarify interests and identify issues to be addressed, so that the parties understand different perspectives, and to generate options for finding a mutually satisfactory agreement, if they wish.
What is the purpose of mediation?

The purpose of mediation is to help lawyers and their clients to get a fair and final resolution to their dispute. Through talking about the arguments, interests and concerns of the parties, and negotiating with the mediator, minimizes barriers that tend to block the dialogue.

 

What does it mean that mediation is voluntary?
Mediation is governed by the principle of self-determination. Participating in the mediation process, such as reaching an agreement, is always voluntary. Going to mediation, however, is not necessarily voluntary. When a case comes to mediation from the court or other body, this forces the party to go to learn what mediation is and consider whether it wants to participate. In the case of mediation by a clause of a contract, the party must go, and if you do not want to continue, you must record it.
Is mediation confidential?
Mediation is confidential to the extent provided by law. In general, the mediation process and the documentation used in it is confidential. The information and documents that are not confidential, will not be for having used them in mediation. The obligation of confidentiality extends to the parties, the mediation institutions, and the mediator, who is protected by professional secrecy. You can not disclose the information obtained in the process, or require it in a judicial proceeding or arbitration. The exception to this rule is when a reasoned judicial decision is requested by judges of the criminal court, or if the parties (all), expressly and in writing, dispense with the duty of confidentiality.
What guarantees does a mediation agreement have?
It depends on what the parties want to do with their agreement. Many agreements take the form of a private contract, and for the parties is sufficient. But if mediation has been done meeting the requirements of law 5/2012 of July 6 mediation in civil and commercial matters, and the parties are interested in the agreement has executive force, can raise it to the public. For execution purposes, the elevation to public equates the agreement to a judgment. On the other hand, if the mediation deals with a dispute already in the court, the agreement can be approved by the judge to resolve the lawsuit.
Who pays for mediation?
Unless otherwise agreed, the cost of mediation is divided equally between the parties. Fees are flat rate for half a day or for whole day, and hourly for overtime. Flat rates include preparation time. The parties assume the travel and accommodation expenses of the mediator, if necessary, and of experts invited by the parties.
Who should attend mediation?
All whose decision is necessary to reach an agreement must be present in the mediation. If a party chooses not to keep in mind, or available by telephone, those needed to make decisions must inform the other parties of this so that they can decide if they want to continue with the mediation. If a legal person sends to the mediation a representative without being able to negotiate and make decisions it is understood that there is no will to mediate and is given as not initiated the process of mediation.
Is mediation like arbitration?
Both are processes for resolving disputes. The big difference is that in arbitration the referee studies the situation to judge it and imposes its criterion, based on right or equity. In mediation, the mediator helps the parties to negotiate, and the parties retain control over the outcome at all times. To reach an agreement in mediation, and the content of this, is decision of the parties. The mediator does not impose his own criterion, but puts into value what the parties want to do as the main objective. The parties may decide to base their agreement on the law, or in any other criterion, for example; the quick, the possible, the reasonable, or whatever makes sense, all determined by them.
But is not mediation what my lawyer does for me?
No, the mediator’s job is different from the lawyer’s job. The lawyer defends his client and represents him in the negotiation. The lawyer of one of the parties to the conflict can not serve as a mediator in the same case because he is not neutral; is linked to his client. The other party in the dispute would see it as partial to his client. Therefore, an attorney can negotiate for your client, or help your client negotiate, but can not serve as an impartial mediator in a case where your client is involved.
Does the mediator replace my lawyer?
No. The mediator can not serve as a lawyer. The mediator is an impartial figure. It does not take sides or advise the parties on the law and their rights. Neither takes part or defends the interests or rights of one of the parties over the other. Advising a party and defending their interests is the work of their lawyer.
Is it necessary to have a lawyer to use mediation?
It is not necessary, but keep in mind that if the issue is about rights or legal issues, and a part

you need legal advice, as a general rule the mediator is not allowed to give it. In very

limited, the mediator sometimes gives information if he has the capacity and knowledge to give it, if at

does not violate any principle of mediation (for example, the impartiality of the mediator, or that the

information does not harm the other party), and in any case it would give as information to obtain and

consider on the part, and not as advice. Although the mediator does not provide legal advice, it will

because the parties have sufficient information and advice. Beyond, although one

legal issues, in mediation the parties may prefer not to

negotiate an agreement with the help of the mediator that satisfies both

more than what the law or its contract provides.