Volume 7 – 2014, No. 1

This article analyses the many aspects related to the statute of mediators following the order of Section II of Act 5/2012, of July 6, on the Mediation in Civil and Commercial Matters, starting with the conditions required to practice mediation and the important role that intuitions must play in terms of mediation quality; then, the role of civil and commercial mediators is analysed and their action in the mediation process, to end talking about the liability mediators can incur in when practicing their professional tasks, as well as the mediation institutions they provide services to.

This article describes the In-Court Family Mediation Service of the Malaga Family Court since it was created in 2000 to date, and how the Court has evolved over the last 14 years. Some of the aspects contained in this article are: the Court’s articulation within the a Programme set up to improve the judicial management of family conflicts; the legal and organic coverage of this kind of services in Family Courts; its structure; and the results obtained. Analysing this experience shows that using mediation in family processes always generates positives results for the judicial system and for the concerned parties, regardless of the fact that agreements are achieved or not.

One of the most powerful tools that a mediator can use is to work with the parties in the here and now of the joint session. While this can create uncertainty and unpredictability it does offer rich rewards for the experienced mediator. It requires the mediator to be comfortable with the uncertainty of the moment. The ability to be surprised and to be able to act as a role model for the parties in moving the focus away from ‘the problem’ in order to give space for new ideas and fresh options. This paper will explore a number of issues including mediator intuition, detaching from our memories, desires and the need to understand, the analytic third and the mediator as an irritant.

This article addresses the application of two different Conflict Resolution Methods. First, an explanation is given of “The Commercial Mediation” work in all the aspects of industrial and construction companies’ developments. Second, there is an explanation of the “Conflict Resolution Boards”, an exclusive arrangement of construction and industrials project developments. We show the perspective of pioneer countries like the United Kingdom, and we discuss their application based on the cases dealt with by the Technological and Construction Court in this country; we explain the commercial mediation methodology in general, and we give a short example of a construction project in order to have a better understanding of how these conflict resolution methods are applied.

The idiosyncrasy of family businesses is made by the fabric of emotions and values that support the commitment of the family members who work in a family company. The multiplicity of roles and the high emotionality involved might hinder a constructive management of conflicts. Mediation is a powerful tool available for family businesses, and it can help the people to be able to face the challenges that might rise in the area of professionalization. It is advocated here that family businesses should use mediators as naturally as they rely on other professionals on a daily basis such as lawyers, managers of IT experts. Moreover, these professionals play an important role when it comes to refer family businesses to mediation whenever they know it is needed. The North-American experience in family business mediation is a support of the above.

The Insolvency Procedure Act introduced the Out-of-court Settlement as a mechanism to restructure insolvency and to avoid the start of an Insolvency Procedure. Its success depends on the action of a mediator who has to prepare a Settlement Plan for credits, together with a “Feasibility Plan” and a “Continuation Plan” of the professional or business activities of the debtor, including a “Negotiation Proposal” of the debtor’s loans and credits. Should the Plan be approved – it requires the favourable vote of the creditors of at least 60% of the liabilities, and 75% if the Plan consists in having the debtor transfer his assets as a payment for his debts–it must be converted into a public deed and published by the BOE (Spain Official Gazette) and registered at the Insolvency Procedure Registry.

Motivational Interviewing, started more than 30 years ago, with over 25,000 articles published on the subject and more than 200 randomized clinical trials conducted that have shown their efficiency (Miller & Rollnick, 2013), provides us with a tool based on the respect and trust in the people to facilitate and increase motivation to change. When in a mediation process, people in a conflict are overwhelmed by their emotions of self-absorption, confrontation, anguish and closeness, and they need a professional to overcome these emotional states and be out of the conflict they are immersed in. Motivational Interviewing, as shown in this article, offers concrete strategies to act and help those in a mediation to overcome stagnations and find a way out of the entrenchment and confrontation position to collaboration, and resolve their conflict together using their abilities to the fullest.