Despite the academic and practical differences, this leaflet refers to mediation in a broader sense to include conciliation, since both are consensual dispute resolution methods.
In addition to speed, flexibility and efficiency in managing controversies, mediation affords the disputing parties the possibility to conceive sustainable agreements and to preserve personal and business relationships. Because mediation is a non-contentious proceeding developed in an environment of complete autonomy and confidentiality, the parties, with the support of specialized professionals, have the chance to reach well-structured agreements that meet their actual interests. Another advantage of these dispute resolution methods is predictability, since the parties themselves produce the solution, thus eliminating the uncertainties, distress and concerns typically experienced during contentious proceedings.
Mediation can be used in disputes involving alienable rights over assets, interests or property, that is, those which can be the subject of compromise between the parties. Conflicts involving construction and infrastructure matters, corporate relations, contractual relations (purchase and sale, franchise, lease, etc.) and relationships involving family law are some examples. Mediation is also an excellent tool in handling corporate and organizational internal conflicts.
Mediation can be established by the parties either before a conflict arises (in a contract provision) or when a conflict is already in place (either party may voluntarily request the commencement of mediation proceedings, subject to the other party's consent). Mediation can also be provided for with other dispute resolution methods, such as in multi-tiered clauses (contemplating mediation and arbitration successively).
The Chamber services may be requested by anyone in the society, either individuals or legal entities, and within the domestic or international spheres. Mediation may also be adopted in conflicts where the Government is a party.
The parties themselves resolve the dispute. The mediator, who is an impartial and independent party, plays the role of a facilitator in the negotiations and conducts the mediation proceedings in such a manner that the parties themselves are able to find a suitable solution for their controversy without the need for a trial by a third party (court judge or arbitrator).
Any competent person chosen by the parties. However, the Chamber has a list of highly-qualified Mediators/Conciliators who are professionals of varied profiles with renowned technical qualifications.
To initiate mediation proceedings, one must send a simple notice/letter to the Chamber with a summarized report of the controversy, the statement of their intention to submit it to mediation and the names of the parties, in order that the Chamber is able to notify them of the pre-mediation meeting, which is free of costs and not binding. During said meeting, the parties and their counsels are informed of the work method, costs involved, and the responsibilities of the parties and mediators so that they are able to assess whether mediation is a suitable method to resolve their conflict. If that is the case, the proceedings will advance, the next step being the choice of the mediator and the execution of the Terms of Mediation. Further details on the procedure can be found in the Rules of Mediation and with the Chamber's Secretariat.