Extrajudicial mediation is an alternative method that offers effective solutions for disputes, through voluntary dialogue between the involved parties. Mediation in a conflict can help save a lot of time and money and can be more effective than a long, tedious legal process.
The objective of extrajudicial mediation is to reach an agreement that satisfies both parties, without needing to go to court. In a context where legal are continually slower and more costly because of high lawyer fees and legal expenses and, in addition, in a scenario where a long time goes by between the summons, court and, then, sentencing, the extrajudicial mediation is the most convenient procedure for speeding up the resolution of conflicts. There are no winners or losers in extrajudicial mediation, only resolved problems and conflicts.
The Caporaso & Partners law firm offers its professional services as extrajudicial mediators to resolve all types of conflicts. We can mediate in business and family disputes, like in a divorce or debt payment.
Forty-seven percent of conflict mediations achieve reaching an agreement; in Caporaso & Partners, we have obtained results in 67% of our cases.
What is the mediator’s role?
The mediator is a neutral party, and this is the key word, because the mediator makes no decisions in the name of the parties: he listens to them and proposes viable and just solutions for the litigants. He assists the parties in reaching an understanding of their problems, enumerating the possible solutions and evaluating options until they find one that is viable for both parties.
As a mediator, we listen to both parties, always maintaining complete impartiality and we create the space for a freely flowing dialogue. This way, we facilitate reaching an agreement more quickly. These agreements are recorded in the most appropriate manner and have the same value as a judicial resolution.
Generally, the mediation must be made before presenting the demands in court, but they can also be put on the table during a judgment, always and only if a sentence hasn’t been issued.
The extrajudicial mediations don’t have an established time limit, but if the agreements are prolonged because of the needs of those involved, they tend to be resolved more quickly. These mediations, although they seem to have some similar characteristics, they’re different from an arbitration, but in this case it is the arbiter, to whom both parties concede their authority, who finds the solution to the conflict; whereas, in extrajudicial mediation, the two parties involved are the ones who reach the decision.
When should I to look for a mediator?
You must always look for a conciliation attempt for cases related to condominiums; property rights; division of goods, inheritances; family pacts; leases; loans; debts; work contracts and/or professional benefits; insurance, bank and financial contracts; indemnities for damages and injuries; defamation in print or advertisements and many other cases.
The five key qualities of a good mediator:
- The ability to establish rules — The mediator must establish clear rules for the mediation to work well;
- He neither judges nor sanctions — The mediator doesn’t judge; he just directs a dialogue method to resolve the conflict. He actively listens without issuing a “sentence”. The mediator doesn’t sanction, either, since the parties have come together voluntarily.
- He respects confidentiality — The confidentiality is without a doubt one of the key points in conflict mediation and the mediator must also force both parts to respect the confidentiality of the mediation process;
- Transformation of the conflict into dialogue — From active listening and documented and verbal proof brought by the parties, the mediator must create options that help resolve the conflict through dialogue;
- Obtaining results — The mediator must provide results, but he must not be the person who solves the conflict. The conflict must be resolved by the affected people.
Caporaso & Partners’ system for working as an extrajudicial mediator contemplates, firstly, the request from one of the interested parties. Then, the law firm contacts the other part to invite it to participate in the conflict resolution procedure.
Once this first step has been completed, Caporaso & Partners calls the two parties to an advisory session, to explain how the mediation will be. If the two parties offer their go-ahead, an Initiation Act will then be signed. The number of extrajudicial mediation sessions will depend on how quickly the process advances. The final hoped-for result is the signing of an Agreement Act that solves the dispute.
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