Civil Mediation and Negotiation
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 Wolfenson will legally advise our clients, clarifying doubts, highlighting commonalities and even making suggestions about possible solutions. Every day, the importance of resolving conflicts in less time and with considerable cost savings for our clients becomes more undoubted, which is why we implement a system of mediation of their conflicts seeking the quickest and most convenient solution for them.
Below is a legal guide to provide you with general guidance on mediation and out-of-court negotiation in Chile:
What is mediation and out-of-court negotiation?
Mediation and extrajudicial negotiation corresponds to that procedure and alternative mechanism for resolving disputes between individuals, companies or public bodies. The above, in order to reach adequate agreements that avoid judicial scenarios of higher economic and temporary costs. In other words, the mediation procedure is aimed at resolving conflicts between the parties in a fast, less expensive, and therefore more efficient way than a national or international Court of Justice.
In what instrument are agreements for mediation or out-of-court negotiation formalized?
The instrument where such mediation or negotiation will be formalized is called an out-of-court settlement. This contract prevents an eventual trial and / or ends an existing trial, establishing the new agreements that will regulate the parties from now on. For this, it will be essential to have Wolfenson lawyers specialized in national and international negotiations between private or public institutions.
Is it possible to conduct mediation or negotiation if there is already a trial in place?
Without prejudice to the fact that, in general, a mediation procedure is carried out prior to any civil litigation, nothing prevents it from being carried out during the processing of a trial or litigation in force, or even after the issuance of a judicial sentence.
What are the petitions that can be requested in a civil mediation?
There are no limits to the requests that can be made in a mediation other than the same creativity and convenience of the parties involved. In other words, mediation and negotiation is an instance to explore new options and scenarios of agreements that the parties had often not even observed or noticed, allowing to open new ways of collaboration and reciprocal benefit between the parties through the dialogue of interests. At the same time, the costs, extension and uncertainties of a trial are avoided.
What are the best tactics to maximize the chances of reaching an appropriate compromise?
The best legal strategy is to seek to focus not on the positions of the parties but on their interests. That is, it is possible that one of the parties has taken a rigid position in the first instance because it believes that in this way its interests are protected, however, as a negotiation progresses it is possible to glimpse that these interests can be protected in the same or better way through other alternatives. From the legal advice of Wolfenson Abogados, the client is facilitated to find new opportunities for agreements, in an environment of excellence.
What happens if the interveners or parties to the dispute come from different countries or jurisdictions?
It is usual that in business there may be legal conflicts or legal impasses between individuals or companies in different countries, however, that does not prevent us from reaching international mediations that will allow us to take care of the relations between the participants, while maintaining the operation. of them with a vision towards the future. Regarding the fulfillment of the agreement, it is possible to consider filing the jurisdiction to certain nations and / or arbitrators of law for the resolution of cross-border disputes. It is essential to have the advice and representation of an attorney with experience, prestige and skills as a negotiator to maximize the chances of a successful settlement.
In case of requiring a negotiation or mediation procedure between individuals and/or companies, the law firm Wolfenson Abogados provides legal advice to its clients in Santiago and throughout Chile, in the solution of controversies in an effective and lasting manner.
Links of interest on the Mediation of Persons and Companies, negotiation and solution of legal controversies in Chile:
1.- Civil Code
If you need more information and legal advice regarding mediation in civil law, we invite you to contact our lawyers in Santiago. We are located at Av. El Golf 40, Floor 12, in the commune of Las Condes, Santiago de Chile.