CONFLICT RESOLUTION: MEDIATION, ARBITRATION AND LITIGATION

This option, which is offered in the different fields of action, both civil and commercial, aims to provide a response to any conflict situation that may affect the client, both in their day-to-day life and in their business management. Firstly, by trying to avoid the conflict or resolve it as soon as possible, always seeking the satisfaction of my clients, through mediation. And, when there is no other choice or circumstances make it advisable, defending their legal position before any jurisdictional and arbitration courts.

Mediation:

This is an out-of-court conflict resolution whereby an impartial mediator helps the parties to communicate effectively, identify their interests and needs and explore possible options for resolution.Mediation is voluntary for all parties involved and takes place in a confidential environment. Unlike traditional court proceedings, where a judge decides the outcome of the dispute, mediation encourages a collaborative approach where the parties work together to find a mutually satisfactory solution.In addition to the above, and as main advantages, mediation is often quicker and cheaper than traditional litigation, as it avoids the long delays and costs associated with court proceedings. Moreover, it can help preserve relations between the parties by promoting an amicable resolution of the conflict.

Arbitration:

This is an out-of-court procedure conducted by an arbitrator or arbitration tribunal, selected by the parties, who must be impartial and neutral. It is the parties themselves who decide to submit to arbitration, except in certain cases in which it is established by law.It is conducted in a confidential environment and the decision taken by the arbitrator or arbitral tribunal, called an award, is binding on the parties. In the event of non-compliance, it can be judicially enforced.Arbitration offers flexibility in terms of procedure and timing, allowing parties to tailor the process to their needs and the nature of the dispute. In addition, the parties can select arbitrators with experience and expertise around the dispute.Although arbitration can be costly, especially in complex disputes, it is often quicker and cheaper than traditional litigation. The flexibility of the process and the possibility of avoiding lengthy and costly proceedings are often important considerations for the parties.

Litigation:

Legal actions. The litigation process begins when a party, called the plaintiff, files a lawsuit in a court of competent jurisdiction. After the lawsuit is filed, the defendant, known as the respondent, is notified of the legal action against him or her. The defendant has the right to respond to the lawsuit within a period specified by law.During the litigation process, the parties must appear before the court or tribunal when summoned to do so. After the various hearings and/or trials, the court or tribunal will issue an order or judgment resolving the dispute, which will be final and binding on the parties unless an appeal is lodged.

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