At Claver & Egler Abogados y Mediadores, we are certified mediators in family, civil, and commercial matters, which guarantees a focus on resolving any conflict while always aiming to avoid court as the last resort.
Mediation is a negotiation process in which the parties involved in a conflict try to resolve it themselves, with the help of an impartial third party called a mediator, who acts without decision-making authority.
In mediation, the mediator merely guides the session; they gather concerns, translate emotions, explain positions, and ultimately help the parties involved in the process to find a solution that is crafted by the parties themselves and is satisfactory to both. This solution, once agreed upon, can be made legally binding by elevating it to a public deed.
Mediation is voluntary, and no one is obligated to stay in the mediation process or conclude an agreement. One key feature of mediation is the ability to leave the process at any time. However, if the mediation succeeds, the conflict is resolved through an agreement reached by the parties themselves, with the mediator assisting them in finding it.
The agreement reached through mediation has the force of res judicata, meaning it has the same validity as a judicial decision or a final judgment. It is binding and cannot be litigated again, as the matter has been resolved through mediation and formalized before a notary.
Mediation saves on various costs—emotional, time, the value of human relationships, and, importantly, it saves a significant amount of money.
CLAVER & EGLER ABOGADOS Y MEDIADORES
