Gestingral hosts this Friday, January 15, the talk “For a better society, mediation!”. The event, organized by the Garraf delegation of the Barcelona Chamber of Commerce, is part of the European Day of Mediation, which is celebrated precisely on the 15th.
At the conference, which will take place from 10 a.m. to 12 p.m., an expert mediator will answer the question “How to resolve a conflict and not make a mistake in the attempt. Do you know the best way to do it”?”. The session will also take the opportunity to give advice on how to deal with work situations that can generate problems.
Registration is free, but prior confirmation is required at the vilanova@cambrabcn.org address. For more information, you can also call 902 448 448 (Extension 1.040).
Gestingral is committed to conflict
mediationThe fact that this Friday’s talk is being held at Gestingral is no coincidence. Vilanova’s consultancy has long included mediation among its services, as it considers it the most effective way to resolve internal conflicts (board, partners,…) and external conflicts (customers, suppliers,…).
In order to further enhance this service, Gestingral has partnered with Zenit Abogados, a prestigious law firm in Barcelona specialising in mediation in corporate conflicts that now, hand in hand with the firm, also offers its services to companies in Vilanova and the Garraf region.
What is mediation?”
It is overlooked very often, but a significant part of a company’s human and financial resources can be consumed due to various conflicts, especially internal ones. The most common are differences between the partners on issues such as business plans or strategies to be followed, the way in which the directors act in investments, financing or in aspects related to remuneration, the distribution of profits, the annual accounts or the interpretation of the articles of association. Situations that can also involve a loss of opportunities and a blockage that can affect a company’s corporate image.
Traditionally, these conflicts have been resolved through the courts of justice. Due to the long time and rigidity of the judicial procedure, conflict situations were prolonged over time, causing uncertainties and becoming a burden on corporate life, even compromising its development. A prolongation of time also aggravated by the saturation experienced by the courts of justice and by the increase in costs with the introduction of court fees.
To avoid these situations, companies can resolve their conflicts outside the courts of justice more quickly and efficiently with alternative systems to ordinary justice, taking into account two levels.
First of all, any company that is in a conflict situation can try to mediate or conciliate between the parties. It is a voluntary process in which two or more parties involved in a conflict work with an impartial professional, the mediator, to generate their own solutions and resolve their differences. It is a flexible form of conflict resolution that allows the disputing parties a prior solution to what would have constituted a dispute by offering an opportunity to gain a greater understanding of their conflict and limit the cost (both in time and money) involved in a complete legal procedure. Unlike a judge or an arbitrator, whose decisions are binding on the parties, mediation seeks to obtain a solution arising from the parties themselves, valid for both parties and completely voluntary, as set out in Law 5/2012, of 6 July, on mediation in civil and commercial matters.
In the event that the parties do not provide a solution through mediation, an arbitration procedure would be automatically initiated at a second level. Arbitration is synonymous with foresight and anticipation of conflict. Submission to arbitration requires a prior arbitration agreement that must be incorporated as a jurisdiction clause in the commercial contracts signed by the parties and, in the case of companies, by incorporating them into the company’s articles of association or by means of a contract solely for this purpose. In an arbitration proceeding, the final decision is made by a neutral third party called the arbitrator, who is the equivalent of the ordinary judge of the courts of justice. Its decision, which is binding on the parties, is called an award and is the equivalent of a final sentence from the judge that can be given after several appeals. Although more and more companies are opting for this model, there are still many companies that have not chosen to incorporate an arbitration clause into their articles of association to ensure that, in the event of a conflict, it will be resolved quickly and without the need to go to court. If we don’t do it today, tomorrow it may be too late.”
(“Mediation and arbitration, rapid and effective resolution of commercial conflicts”. Author: Jesús de Alfonso, El Punt Avui http://www.elpuntavui.cat/article/4-economia/18-economia/831709-la-mediacio-i-larbitratge-resolucio-rapida-i-eficac-dels-conflictes-mercantils.html)
