Rosa Chover mediation

MEDIATION is one of the alternative ways to manage and resolve conflict peacefully, through dialogue and non-violent communication.

ABOUT USWHAT DO WE DO?

Mediation

It is recognized in the Catalan Mediation Law, 15/2009 mediation in the field of private law and in the Spanish Mediation Law, 5/2012 mediation in civil and commercial matters, for the solution of civil, family and mercantile conflicts.

With MEDIATION, you can deal with family, civil and commercial conflicts.

About us:

Rosa Chover, director of the firm, is a practicing mediator in the civil, family and community fields, as well as an attorney practicing since 1993.

She has carried out her work from several law firms, legal advice and in the Serveis de Mediació Comunitària of Sant Pere de Ribes (Mediation and Coexistence group) and currently from the Esplugues City Hall (CEPS group).

Which conflicts can be dealt with in mediation?

Mediation always implies:

Dialogue

Because the parties need to be able to express their discomfort in the conflict, first in front of the mediator, in a PRIVATE and CONFIDENTIAL way, and then in front of the other party, as long as the mediator considers it is convenient and the parties consent, and respecting RULES OF CONDUCT that demand RESPECT and RECIPROCITY.

Listen out

Because it is the base of the dialogue, without which nothing else will flow. It is essential that we listen and we are heard, in our discomfort and in our needs, always with the help and support of the mediator. And only after we have gone through this phase, will we be prepared to decide if we want to move forward in the mediation process.

Participation

Because mediation only works if the parties become proactive and collaborate for the solution of their conflict, through a process in which the mediator will set the guidelines and how, when and where. It is a guided process in which we are never alone, but which does need our direct collaboration.

The mediation is based by the principles of:

Willfulness

Confidentiality

Impartiality

If any of these principles break, the process can not continue. In the first informative session, we will explain this principles calmly to the parties, jointly or separately according to the cases, so that there is no doubt about how we work and so that the expectations are clear before we begin.

What else should you know?

WHY DOES MEDIATION WORK?

Simply because it makes possible the impossible: that the parties in conflict are heard, taken into account, recognized, and are able to build an agreement that fits them and that is worth to them and only to them. And an agreement that we build has many more expectations that it is going to be respected than an agreement imposed on us by others (judges, arbitrators).

WHICH ARE THE DIFFERENCES BETWEEN MEDIATION AND OTHER CONFLICT RESOLUTION PROCESSES?

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.

WHEN DOES MEDIATION HAVE MORE SENSE?

Mediation is recommended especially in interpersonal conflicts where it is important to preserve a good coexistence and / or relationship between people in conflict in the future. For example, in couples who break up and have children in common, because they will continue interacting as parents in the future, or between stairway neighbors that see each other frequently, or between providers and customers whose relationship will continue because they move in the same market, or between brothers fighting for an inheritance, or grandparents who want to see their grandchildren without breaking the relationship with their children, and so many others.

Because what mediation cares the most about is not to break the relationship, that everyone who participates does not leave the process with the feeling of winner or loser but with an agreement that benefits both parties and in which everyone feels that they have won and that they are feeling better than what they entered. That the dialogue is not broken, that the parties do not feel the necessity to cross the street when they see each other and that they do not turn off the phone when the other calls.

IS MEDIATION THERAPY?

Absolutely not. But it can be therapeutic, through the process of listening, participation and dialogue that it supposes. The mediators do not work at the mediation table as psychologists, nor as lawyers, nor as experts. And if we think that the parties would need to see one of these other professionals in parallel or before or after the mediation process, we will suggest it to the parties. Also, if it is considered convenient, we can bring to the mediation table those other professionals to advise us at a certain time and as long as we all agree.

Mediation always focuses on the FUTURE, and only talks about the past to if it can help us build a future. We can not change the past, but we can change our look towards it.

HOW MANY SESSIONS DO I NEED TO RESOLVE MY CONFLICT?

Mediation is not an exact science and each problem involves a custom-made suit to address your solution. However, the Mediation Law talks about between 2 and 6 sessions of mediation, and a usual period of up to 60 working days. In the first informative sessions the mediator makes a work plan together with the client to guide him/her on how many sessions will be necessary, approximately, and the fees per session.

HOW ARE THE MEDIATOR’S FEES PAID?

At the end of each session each party pays the agreed amount, depending on the rates established in the initial budget accepted by the client. If changes are foreseen in the initial budget depending on the complexity of the matter, the mediator will notify those changes to the clients so that they accept them before they are applicable.

IN WHICH LANGUAGES CAN MEDIATION BE DEVELOPED?

The firm can carry out its work in Spanish, Catalan, English, French and Italian if necessary. If we need a simultaneous translator for any of the parties we can find it among the companies in the sector.

Contact us

We can clarify any type of doubt you have and without any commitment.