Mediation

We all would like a world at peace, yet our world is not removed from the daily issues caused by life's ups and downs. Due to their controversial nature, the only way to solve these issues is to go to court in search of a fair solution. This has led the courts, especially in our Alicante area, to a suffocating situation of collapse, which forces us professionals who work in service to justice to seek out new channels to resolve conflicts with, if possible, even more beneficial effects for citizens. One of the formulas is MEDIATION, which is nothing more than a way for the parties to voluntarily reach an agreement on their own, with solutions they themselves have proposed after receiving the aid of a professional. This professional has no decision-making role, but rather guides the mediation process.

PEÑALVER LAWYERS AND MEDIATORS cannot overlook this immediate future, which means we are not only ATTORNEYS, BUT ALSO MEDIATORS. As servants to justice, our mission is to help citizens find the most effective way to solve their problems.

The reasons that lead us to offer this new conflict resolution process are:

  1. Immediacy. In a maximum period of three months, depending on how serious the case is, it can be resolved. This prevents continued tensions and confrontations between the parties, providing for greater problem-solving effectiveness, since the issue can be resolved as soon as it arises.
  2. Confidentiality. This guarantees that the parties' rights are not violated if, after conducting the mediation process without reaching an agreement, the parties opt for the judicial channel.
  3. Impartiality. The mediator does not influence the decision or resolution of the conflict. The mediator's role is to facilitate use of the parties' "emotional intelligence," so that they can manage these emotions on their own in a positive way, guiding them to solve their own battles, acknowledging their needs and empathising with one another. This leads to the emergence of compatible, feasible interests and needs.
  4. Using negotiation as a tool for resolution against confrontation and coercion. Negotiation in a fair environment can lead to agreeing on a solution that is easier to honour.
  5. Logically, the cost of reaching an agreement will be lower.
  6. Trust of the parties in the mediator. This contributes to peacefully reaching agreements, and also helps citizens to learn a different way to confront conflicts and resolve them.
  7. Honouring the agreement, if both parties entered into it with a true desire to resolve the conflict. This feeds into the values of loyalty, honesty and sincerity between the parties, reinforced by signing a document where details on the agreement reached are provided. This will lead to the signature of a public deed with a notary public, which has the same effect as a judicial ruling, equivalent to an enforceable right.

PEÑALVER LAWYERS AND MEDIATORS believes in this new way of resolving conflicts, an alternative to the judicial channel, yet under no circumstances does it limit the possibility of the legal channel. However, if it were already initiated, it may be suspended by mediation. In fact, on all contracts of any type, our firm includes a clause where the parties, before using the litigation channel, undertake to use mediation.

Our firm offers civil (inheritances, agreements, contractual and extracontractual civil liability, and more) and criminal Mediation Services.