Negotiation: it is a way of consensus where the protagonists are either the parties or their lawyers, but without a neutral third party that mediates in that negotiation and where juridical or legal arguments tend to prevail.
Judicial path: in the judicial process, which must always be available to guarantee the rights of the citizen to effective judicial protection, a third party listens to our lawyers – and sometimes to us as well – and depending on what they hear and the evidences that are presented, decides what is best for you and your problem. It seems more just or unjust, the Judge decides and we accept it. Sometimes the Judge himself/herself leads us to mediation, in an attempt to make the parties settle their case, but if it does not work he imposes his verdict on the sentence and tells us how things will be done in the future.
Arbitration: the parties choose an arbitrator to solve their dispute, and it will also be the arbitrator who decides what is best for them, given that the parties have not been able to agree to find a solution, neither their lawyers.
Conciliation: we submit our conflict to a third expert who will be the one who will propose the solution to our problem, without being able to impose it as a judge and / or an arbitrator.
Mediation: the conflict is submitted to a dialogue table between the parties, with a mediation expert in communication who will direct the process. It is also called ‘assisted negotiation’. The mediator asks questions and stimulates the dialogue, the listening, the participation, the collaboration, and does not propose solutions, but the parties are the ones who build the solutions for their agreement, voluntarily and can leave at any time the table if they decide to. Everything that is spoken in mediation is confidential and can not be used in court, especially the voice of the mediator, who can not testify in court about what he/she hears in mediation.
The agreements that are signed at the mediation table have the value of a private agreement. If we want, we can give them executive force by going to a Notary or to Court, depending on the issues in question and who is affected. But we will talk about all this in the mediation informative session with more detail.