Wolfenson Lawyers accompanies its clients to resolve their controversies through a mediation process.
Through an innovative method, without the economic and time costs of traditional litigation. We make it extremely possible for the process to end with an agreement between the parties. We must remember that mediation is a way to resolve conflicts peacefully, through dialogue, so our lawyers will guide the client in the mediation process, in the legal points that are necessary, always maintaining the principle of neutrality.
We can affirm that our role is of help and collaboration, in order to maximize the tranquility of our clients, without forgetting that the protagonists of the mediation process are the parties in conflict.
In mediation our study will advise you legally, clarifying doubts and even making suggestions about possible solutions. As the importance of being able to resolve conflicts in less time and with considerable cost savings for our clients becomes more evident every day, we implement a system of mediation of their conflicts seeking the quickest and most convenient solution to them.
Here is a legal guide to provide you with guidance on family mediation:
What is mediation?
Mediation is a process that seeks to provide a space for direct and participatory dialogue between 2 or more people who have a problem. The idea is that they talk about the origin of the conflict and the consequences that have resulted from it. Those interested attend one or more sessions , accompanied by a Mediator who facilitates dialogue where everyone looks for ways to resolve the conflict.
"Mediation is a conflict resolution system in which an impartial third party, without decision-making power, called a mediator , helps the parties to seek for themselves a solution to the conflict and its effects "
The mediators are specialized professionals , with studies in communication techniques and mediation models , among other contents. In this way, the mediator facilitates dialogue and professionally contributes so that those affected have sufficient communication tools to finish their process in the best way.
What is the mediator and what functions does it fulfill?
Mediators are specialized professionals who facilitate dialogue between the people who attended the mediation process . They are a neutral and impartial figure who facilitate dialogue between the parties to the conflict so that they can find a solution.
What types of mediators are there?
1.- Family mediators: Family mediators are professionals ( lawyers , psychologists, social workers, teachers, etc.) who have studied the models and techniques of mediation processes . Such programs include content such as family systems theory, communication theory, communication skills , and family law.
2.- Tendered mediators: From the universe of registered mediators , it may happen that some of them participate in a tender offered by the Ministry of Justice and finally they are awarded, in the context of prior and mandatory mediation . In this case, in addition to being registered mediators, they will become "mediators hired by the Ministry of Justice" (usually called Tendered Mediators ).
3.- Private mediators: They are those who have not participated in the public tenders of the MINJU but who are also registered with the Ministry of Justice and, therefore, are legally empowered to provide mediation services in matters of prior and compulsory mediation. in a particular way (or in others that are not prohibited by law )
What are the principles of mediation?
The principles of mediation are as follows:
People in conflict must be in similar conditions to dialogue and reach agreement . If this does not happen, measures are proposed to achieve a balance . If the above is not possible, the mediation must be declared terminated .
Voluntary: Participants are free to start a mediation process or to try to solve the problem through another alternative. In addition, the parties can withdraw from mediation at any time after the session has started . Example: If the talks are taking a path that the parties do not want, they can stop mediation and continue the process in another way.
Confidentiality: All conversations or statements expressed during mediation may be reported or written to third parties with the authorization of the parties to the conflict.
Impartiality: Mediators must refrain from promoting actions that compromise the equal treatment they should give to the parties to the conflict. If they consider that the mediator is not being impartial, they can request the appointment of a new mediator , with justification. Example: if either party feels that the mediator is taking sides with the other party at any stage of the mediation process .
Best interest of the child: The mediator will always ensure that the interest of the child or adolescent involved in the conflict is taken into account.
Wolfenson Abogados provides legal advice specialized in conflict mediation, seeking the best agreements among its clients.
Links of interest about Mediation in Chile :
1.- Civil Code
2.- Chile Mediation
If you need more information and legal advice regarding family mediation, we invite you to contact our lawyers in Santiago. We are located at Avenida Apoquindo 2930 in the commune of Las Condes, Santiago de Chile.