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The use of mediation in civil and commercial disputes – Study

"The Working Group The key role of mediation presents the results of its survey on the use of mediation in civil and commercial disputes"

We are pleased to announce the publication of the study results”The use of mediation in civil and commercial disputes«, carried out by the Working Group The key role of mediation.

This Working Group is part of the set of organized activities by Mediation Club Fide, made up of international mediators. The Club's main objective is to develop the continuous training for professionals interested in mediation, as well as promote the use of mediation in Spain and internationally, regularly organizing activities and analysis groups for this purpose.

In this line of analysis, this Working Group (GT) was raised as a challenge for this second stage, know the opinion of the different users of the mediation, to later analyze them and carry out the recommendations that, in the opinion of the WG, are considered necessary to promote the use of mediation in the resolution of civil and commercial disputes in the various countries that were the subject of study of the comparative analysis carried out by this WG.

For this purpose, a survey was made that it was addressed to the users of the mediation; i.e. in-house lawyers from various companies, law firms, mediators, jurists, company managers and academic professors. The questions focused on the use of mediation in their countries, the reasons why they decide to resort to mediation or not in a conflict and on the actions that, in their opinion, would be necessary to promote the use of mediation as a effective method of conflict resolution.

The answers obtained from the completed surveys have been evaluated by the WG:

CONCLUSIONS OF THE STUDY

The GT thanks to all the professionals who have participated in the surveys, for their valuable time and dedication in answering the questions asked.

MEMBERS OF THE WORKING GROUP

This document it is signed in a personal capacity and does not represent the official position of the institutions or entities to which the members of the group belong.

The document reflects not only the results of the survey carried out, but also the detailed and in-depth analysis of them, providing conclusions and recommendations, taking into account the personal experience of the members of the group and the discussions held between them.

Members

  • Francisco Alarcon Alcivar, Founder, Director and Mediator of the Business Mediation Center, Guayaquil - Ecuador.
  • Brianna Canorio, Arbitrator at the Arbitration Center of the Lima Chamber of Commerce, the Center for Analysis and Conflict Resolution of the PUCP and AMCHAM. Mediation Club Coordinator Fide. Academic Director of the GT.
  • Maria Jose Lanchares, A lawyer. Founding partner, Lanchares Abogados. Mediator of the Mediation Center Fide (CMF).
  • Michelangelo Malo, Lawyer and Mediator of the Mediation Center Fide (CMF).
  • Philip Paván, Mediator of the Citizen Mediation Service of the City Council of Montornès del Vallès (Catalonia, Spain).
  • Carolina Revenge, Lawyer and Mediator of the Mediation Center Fide (CMF).
  • Peter Blood, Director of the firm Sangro & BLF Abogados, General Secretary of Memora. Mediator of the Mediation Center Fide (CMF)
  • Sheilah Vargas Soto Independent lawyer and arbitrator.

Coordination Fide:

  • Carmen Hermida, General Director of Fide. Head of the Mediation Center Fide (CMF)
  • Cynthia El Hindi, Deputy Coordinator of Fide.
  • Álvaro Arribas, Head of Marketing and Communication Fide

Layout: Blanca Jimenez, Marketing Assistant Fide

We encourage you to join the Mediation Club Fide, you will be able to participate in the different activities that it organizes and form part of initiatives as interesting as the one in the document that we are now presenting. If you want more information, contact carmen.hermida@thinkfide.com

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