1. What is the difference between a mediation process and an arbitration?
In the mediation process, the mediator tries to bring the parties closer together to get them to reach the terms of a satisfactory agreement. It is not mandatory to reach a resolution of the conflict. It is faster and cheaper than arbitrage.
On the other hand, in arbitration the parties take their claim to a court and the court decides the resolution of the conflict either based on their best judgment, or based on the law. The resolution is mandatory and binding for the parties. It is less efficient than mediation but there is always a resolution to the conflict.
2. What is the difference between resolving a dispute by mediation or arbitration versus in traditional courtrooms?
In mediation and arbitration one of the main advantages is confidentiality since the cases are not known, nor can they be known by the public. They are also processed much faster than ordinary jurisdiction and therefore cheaper.
The processes before the civil and commercial courts, although their resolution times have been shortened with the implementation of oral processes, they still take too long to resolve.
Finally, for some processes that require specialized technical knowledge, such as conflicts in the construction industry, arbitration is a more convenient process because expert engineers can be used to decide on the conflict.
3. What are the advantages of mediation and arbitration?
They are mainly the time efficiency and control that the parties in a conflict have. Not only from the point of view of the substance of the conflict, but also from the way to resolve it, since both provide flexibility on the procedural rules for the process.
4. How long do mediation and arbitration processes take?
An arbitration process has an average duration of five to six months. In the case of mediation processes, they are normally shorter and their average is close to two and three months.
5. What types of processes do you carry out on behalf of your clients?
We represent our clients in arbitration and mediation processes, both as party representatives or as mediators / arbitrators. In the same way, we represent them in administrative, civil, criminal, family, labor and constitutional processes.