Mediation: An Effective Alternative for Conflict Resolution

Mediation is a method of conflict resolution in which two or more parties engage the assistance of a neutral third party — the mediator — with the aim of addressing the dispute and, if possible, reaching a mutually satisfactory agreement.

It is a swift and alternative means of resolving conflicts outside the traditional mechanisms (particularly judicial proceedings), in which the parties retain control over the process, its course, and its outcome.

In a mediation process, the disputing parties are responsible for the decisions they reach with the mediator’s support. Unlike a judge or arbitrator, the mediator does not have decision-making authority; instead, they guide the parties and assist them in establishing (or re-establishing) the communication necessary for them to independently find the foundation for a resolution that puts an end to the conflict.

Mediation is voluntary and confidential in nature. The content of mediation sessions may not be disclosed or used as evidence in court or any other forum, except in exceptional circumstances where disclosure is strictly necessary, namely to protect the best interests of a child or the life or physical integrity of the persons involved.

In the field of civil and commercial disputes, parties may resort to mediation when the matters at stake involve proprietary interests, or whenever it is legally permissible for the parties to reach an agreement regarding the disputed right.

The law establishes the requirements under which any agreement reached through mediation holds the same legal value as a court judgment, without requiring judicial approval.

Beyond civil and commercial matters, mediation can be particularly effective in other areas, such as family, labor, and criminal disputes.

The advantages of mediation are, indeed, numerous. It is an alternative dispute resolution method that is well worth considering when faced with a conflict.