CONSENSUAL CONFLICT RESOLUTION

What is Consensual Conflict Resolution

It is a system that encompasses all the conflict resolution procedures, other than court and arbitral procedures, such as mediation, non-binding assessment by a neutral and so on.

The acting body

The Consolat de Mar is the body which runs the proceedings and offers full guarantee of all material and formal rules, these being the source of inspiration of the consensual resolution conflict.

What is the basis and nature of the system

The basis of any consensual conflict settlement procedure is the wish of the parties to carry out the procedure. The Consensual Conflicts Resolution procedures are voluntary, private, confidential, economical, flexible and quick.

No previous written agreement is required.

Who can use it

All those individuals or corporate business professionals having disagreements or disputes with any others and expressing their will to avert court or arbitration proceedings by choosing a mutually agreed, effective, quick and confidential solution to the divergence.

Who is involved in Consensual Conflict Resolution

The parties are companies, entrepreneurs, natural or corporate persons, who find themselves in conflict with each other as a result of their economic, business or professional activity.

The neutral is an expert at mediation, as well as in the field under dispute, which has been submitted by the parties for his/her consideration. He/she facilitates communication between the parties. He/she does not determine the solution nor does he/she issue any type of decision. His/her role focuses on helping the parties to reach an agreement.

Independence , impartiality and confidentiality

His/her role is to be: neutral, independent, objective and impartial. He/she has the experience, negotiating skills and professional background to help business people -individual or corporate- settle their disputes without imposing a solution on them.

Which issues can be settled?

All disputes, complaints and disagreements between business owners whose examination is not reserved exclusively to the Courts of Justice and which can be settled by negotiations, such as, among many other issues, claims concerning quantities, contracts, relations with customers, suppliers, partners, etc.

Proceedings

The parties may decide the proceedings with full freedom of choice, thus adapting them to their needs, without detriment to legal and formal rules.

The system is rapid and economical, for it has a maximum time limit of sixty days, unless the parties agree otherwise.

Geographical scope of the system

The consensual conflict resolution procedures can be used to settle disputes both within Spain and abroad.

Business mediation. Presentation (.pdf)