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What is mediation

Mediation is an alternative dispute resolution method in which two or more parties voluntarily attempt to reach by themselves an agreement that puts an end to the conflict that has arisen with the intervention of an independent and impartial third party ("the mediator").

Mediation is a quicker and cheaper method than the judicial process, capable of improving the relationship between the parties. Among its main characteristics, the following stand out:

  • Voluntariness: Unlike other means of conflict resolution, the mediator does not have to decide on the merits of the conflict. Its function is to facilitate communication between the parties so that they reach a mutually satisfactory agreement. The parties may state at any time that they do not wish to continue with the mediation, i.e. they are not obliged to continue with the mediation procedure.
  • Flexibility: The mediation procedure can be adapted to the needs of the specific case. In this sense, the parties together with the mediator can agree, according to the circumstances and complexity of the conflict, among others, the duration of the mediation, how the procedure will be carried out, where the mediation sessions will be held...etc.
  • Confidentiality: The mediation procedure, as well as the documentation used in it, is confidential. This confidentiality extends to the mediator, the mediation center and the intervening parties in such a way that they may not disclose any information they may have obtained from the procedure. Following the MEDIAUTOR-WIPO Rules, information that may be disclosed by the parties may not be disclosed outside the context of the mediation, even if the matter is taken to arbitration or the ordinary courts of law. 

The mediation may end with an agreement, either in whole or in part, or without agreement. The mediation will end without agreement, for example, when all or some of the parties express their will not to continue the mediation or when the maximum agreed time limit has elapsed without having reached an agreement.

If the parties reach an agreement, it will have the same value as a contract signed between them and its content will be binding. Disputes arising out of or related to the matters subject to mediation, both national and international, may be submitted to mediation under the MEDIAUTOR-WIPO Rules, in any language agreed upon by the parties and in which the center can provide services.