It would be a mistake to believe that the resolution of the conflict in international business is possible only in court. Not at all, and in this article we will provide you with basic information about an alternative and very effective way to resolve commercial disputes - mediation. Let’s take a closer look at mediation peculiarities in Spain.
Mediation models: how it works in practice
According to Spanish law, the foundation of mediation is the voluntary desire of the parties involved to resolve the dispute. Therefore, mediators need to act gently so that the parties can understand the underlying causes of the conflict, and independently come to mutual understanding and agreement that will suit everyone.
The task of the mediation professionals is to create an enabling environment for the conflicting parties interaction, as well as help them determine the common ground between the interests of the opposing side.
If you want to know how to resolve a dispute in Spain through mediation, or how much the mediation procedure in Spain costs, our law professionals have the answers. Just contact us and order legal advice on how to resolve an international dispute in Spain from highly qualified lawyers of IQ Decision.
Mediator accreditation in Spain
Choosing a mediator is a crucial step, which largely determines success in resolving the conflict. If you do not know how to select a mediator in Spain, then you should familiarize yourself with the requirements which are a must for a person who is supposed to act as an intermediary. Here are just a few of them:
- professional education, including special training for mediators;
- the capability of exercising civil rights;
- ability to present a liability insurance or an equivalent guarantee.
We understand that selecting the right person for mediation can be quite a difficult task, especially in a foreign country. You can rely on the help of our professionals in this case, as well as any legal assistance needed to resolve your conflict in Spain through mediation. We can also offer alternative options for resolving disputes in Spain to suit your particular business problem.
Professional mediator in Spain can not start working without a compulsory civil liability insurance. This is required to cover damage that may happen from a lack of impartiality of the mediator, as well as cases connected with his/her professional errors or confidentialty violation.
To begin mediation practice in Spain, mediation professionals must prove their impartiality. The parties to the dispute should agree to this and sign a special protocol.
If the mediator does not disclose information about the conflict of interest, then he will be liable for failure to fulfill this obligation.
Our team has professional picks. To order mediation services in Spain, contact us. Legal advice on resolving international disputes in Spain will help you find out which way to resolve the conflict is most suitable for you.
Mediation Services in Spain: Cost
In Spain, there are no fixed fees for the intermediaries’ services, and it’s up to the parties to agree how much the mediator is paid. However, the so called ‘success fee’ is not acceptable in Spain, meaning that mediator’s fees should not depend on the results, and the mediator will be paid for his work anyway.
The price range for this kind of services varies greatly: from 80 euros per hour to 400 euros per hour, and normally, the the parties will have to share these costs equally.
Resolving a business conflict in Spain is possible in many ways. We can help both file a lawsuit in a Spanish court, and provide support to the negotiations of the parties in Spain. If you have any questions about the mediation process in Spain or seek help with selecting a mediator in Spain, please contact us.