Civil and commercial mediation is based on the principle of voluntariness and free decision of the parties. A mediator intervenes in this process to facilitate communication between the parties and to guide them so that they can generate solutions.
The advantages of mediation over other forms of conflict resolution include:
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Voluntary.
Mediation is voluntary, so the parties can decide whether to resolve their disputes by submitting to mediation. The mediation procedure may be prior to jurisdiction or other out-of-court settlement. -
Equality.
Mediation is a procedure in which it is guaranteed that the parties intervene with equal opportunities, in which the mediator is impartial, and therefore cannot act to the benefit or detriment of any of them. -
Neutrality.
Mediation is neutral, as it allows the parties to reach an agreement on their own.
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Confidentiality.
Both the mediation procedure and the documentation used are confidential. None of the participants may disclose the information contained in the procedure -
Economy.
The mediation procedure is more economical than the judicial procedure. Its cost will be divided equally between the parties, unless otherwise agreed. -
Speed.
The mediation procedure is much quicker than the judicial procedure. Its duration will be as short as possible and its proceedings will be concentrated in the minimum number of sessions.