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Perceptions of Commercial Mediation in Spain

Perceptions of Commercial Mediation in Spain

How do Spanish businesses typically perceive mediation?

 

Transcript

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One thing that I’m noticing is that when we run roundtables or platforms or research on litigation, arbitration or dispute resolution, big business, kind of the ones that lead the market.

 

They say, “One, we’re not convinced of about arbitration, we have questions. We have the feeling, in a way, that arbitration is too close to mediation. They’ll be the same people. We’re not sure whether we believe that these people will be the ones that could get in to a negotiation process helping us the results.”

Secondly they say, “We want to look at disputes from inside.” They’re actually introducing different elements of dispute resolution, which is more internal panels, which is more mediation within different areas of the business.

 

Why not a mediation scheme for the human resources department? Why not a mediation scheme with their people, with people trained, and maybe this is how the Brighton and Hove [City] Council works.

 

You use an external mediator at the very end of the process. It has to be a culture, a culture in the business that is transferred all along.

 

When it gets to the conflict, they know while they’re using that mediator to resolve that dispute, and I’m seeing many businesses thinking that way more than wanting to jump into the mediation wagon directly.

About the mediator

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Mari Cruz has assisted parties in over 300 disputes ranging from employment, community and commercial disputes. She began her mediation career back in 1997 working for CEDR. After a few years she was recruited to work with London’s largest Community Mediation Service; Southark Mediation Centre where she coordinated the development of many pilot projects around South London. She then went to work for Brighton and Hove City Council as a disput... View Mediator