In all kinds of human relationships that must be managed conflicts arise. And there are different methods to solve them, such as arbitration, conciliation or mediación.Todos they are intended to prevent these disputes end up being resolved in a court of justice or at least reduce the scope of disputes. We talk about non-judicial procedures, voluntary aspect, which are intended to promote Agreement.
Catalunya has made a major commitment to mediation, and we have one of the most advanced laws in Europe in this field. The ultimate goal is to prevent the prosecution of certain conflicts, in order to ensure both a quick exit as speed and do the work of the courts more efficient. Unlike other formulas, as in the arbitration, mediation does not provide conflict resolution through binding and binding award made by a third party. On the contrary, it seeks the involvement of the confronted parties, who may manage their differences, creative solutions, aimed at reaching the agreement, a fact which facilitates their subsequent performance.
Not surprisingly, a successful mediation is one able to open avenues of dialogue that can facilitate a future relationship, which probably has to make decisions about common interests. The performance of mediators focuses to accompany the litigants, alone or with their lawyers, through various joint sessions or separately, in order to identify the issues in dispute and find ways to resolve them, to finally negotiate and find a agreed solution that is able to satisfy all parties involved. The parties offered the possibility of recovering the power to decide on the consequences of their disagreements. This is one of the great advantages of this instrument of conflict resolution, then it replaces confrontation by cooperation seeking outlets for either party feel loser. Therefore necessary that professionals must lead the mediation process be agreed between the two parties and have a legitimacy and proven competence, based both on a solid background, constantly updated, and its ability to act with impartiality and neutrality to ensure their independence.
They are attributes that, like objectivity, integrity and confidentiality are part of the nature of the auditors, a group that has taken over as the analytical skills and observation capacity or an attitude of active listening. Through mediation, auditors again put our capabilities at the service of society to mitigate the economic impact of commercial or civil disputes. Find a common outlet is a benefit for both parties.
Article by Daniel Faura Llimós published in La Vanguardia