ADR

Alternative Dispute Resolution Mechanisms (ADR)

These are non-traditional means, other than the judiciary, that resolve conflicts between parties. They are voluntary processes open to two or more parties to prevent conflicts or to find a shared solution.

What is a Mediation Center?

A mediation and conciliation center is a space or entity that offers services to help conflicting parties reach agreements and resolve their differences peacefully, without the need for a trial. The tools used are mediation and conciliation to facilitate dialogue and find solutions that satisfy all parties involved.

Mediation

A neutral third party (mediator) facilitates dialogue between the parties so they can express their interests and reach agreements.

Conciliation

A third party (conciliator) helps the parties find alternative solutions to resolve the conflict by suggesting possible agreements.

Aim

Resolving conflicts extrajudicially — that is, outside the courts — which can be faster, cheaper, and less stressful for the parties.

Areas of Application

Individuals or Legal Entities, In general, anyone experiencing a conflict can seek help from a mediation and conciliation center.

  • Family conflicts (divorce, child custody, etc.)
  • Commercial conflicts
  • Labor disputes
  • Civil disputes (leasing, buying and selling, etc.)

Benefits

  • Quick solution: Mediation and conciliation can be faster processes than trials
  • Reduced costs: No legal or court fees
  • Greater satisfaction: Parties are often more satisfied with the outcome of a mediated or conciliated resolution than with a court ruling
  • Better relationships: Mediation and conciliation can help improve relationships between parties, especially in family conflicts
  • Privacy: Mediation and conciliation processes are usually confidential

What is Collaborative Law?

Collaborative law is an alternative method of legal dispute resolution based on cooperation and dialogue between the parties, with the support of attorneys trained in this technique. Instead of legal confrontation, collaborative law seeks negotiation and mutually satisfactory agreements, avoiding the need for litigation.

Characteristics
  • Voluntariness All parties must agree to participate in the collaborative process.
  • Confidentiality The conversations and documents of the collaborative process are confidential.
  • Multidisciplinarity May involve the participation of other professionals, such as psychologists or family therapists, as needed.
  • Focus on Interests The process focuses on identifying and satisfying the interests of the parties, rather than legal positions.
  • Long-term Agreements The goal is to create agreements that are mutually satisfactory and sustainable in the long term.
Cases in which Collaborative Law Applies
  • Divorce and Separation Collaborative law is commonly used in divorce or separation cases, helping parties reach agreements on child support, property division, etc.
  • Commercial Disputes Collaborative law can also be used in commercial disputes, helping parties reach agreements on the resolution of contractual disputes, etc.
  • Other Conflicts Collaborative law can be used in a variety of other disputes, such as family disputes, real estate disputes, and more.