Private mediation, like public mediation, is a voluntary, flexible and confidential procedure through which two or more people (natural or legal) seek to resolve a conflict to the satisfaction of both parties or prevent any dispute that may arise in legal terms, through a negotiation process assisted by an impartial third party, called a mediator, certified with public faith by the Supreme Court of Justice of the state of Quintana Roo.
The Alternative Justice Law of the State of Quintana Roo offers this tool at the service of every citizen or visitor to the State, given its alternative and voluntary nature. In attention to the geographic location of the State and its tourist projection, it is established that foreigners, called in the law “Visitors” (tourists, investors, nationals or foreigners) who during their stay or in the processing of their business in the state, may be affected by some type of conflict, may use private mediation to resolve their disputes under the same conditions as a resident citizen of the State.
Who is the Private Mediator?
The Private Mediator is a professional certified and regulated by the Center for Alternative Justice of the Supreme Court of Justice of Quintana Roo. He is impartial, neutral and is in charge of facilitating communication between those involved through the recognition and understanding of their emotions so that they can reach their own agreements. The mediator is a facilitator and does not decide on the dispute or intervene in the agreements that are reached; he limits himself to examining the legal feasibility of the proposals of those involved. Under the precept of Confidentiality, the mediator cannot intervene in a judicial process related to the conflict, be it as an arbitrator, lawyer, representative or witness of any of the parties.
Why use Private Mediation to resolve conflicts?
- It is a faster and easier procedure than a trial, the solution comes from those involved (mediated) and not from a third party unrelated to the problem.
- Mediation is affordable, it is cheaper and less emotional exhaustion for those involved, who save time and money.
- The agreements reached by mediators have a high compliance rate, without the need to use coercive means, allowing them to provide creative solutions that benefit everyone.
- Agreements signed with a private Mediator, acquire the category of res judicata (final ruling), thus preventing a law suit or appeal from being filed against them.
- Allows to restore the harmonious relationship between the parties in conflict, if they wish, due to the equity that is achieved in the agreements.
In which areas can we use Private Mediation?
There are many different areas in which private mediation can facilitate conflict resolution, as indicated below:
- In the Family: conflicts between couples, between siblings, father and children can very often get out of control and lead to situations of family discord and can even lead to legal disputes, family mediation offers the possibility that family members in conflict can listen to each other and reach a balanced solution to their problems, one that arises from them and that satisfies all, with the assistance and moderation of an impartial and neutral third party. Family mediation allows solving quickly and with legal basis; guardianship situations, divorces, alimony, testamentary or intestate matters, custody and cohabitation. There are many possible applications of mediation in the family environment, which makes it possible to achieve efficient solutions with less emotional and economic stress for the members involved.
- In the Commercial: Commercial companies can rely on private mediation to resolve conflicts generated by their commercial activity with suppliers or customers, disagreements between partners, issues related to contracts of a commercial nature, the mediator in his role as facilitator offers impartial tools , legal, economic and with minimal intervention, so that the parties reach equitable agreements from their own commitment.
- In Civil: The use of the alternative tool of private Mediation, offers individuals and / or legal entities to resolve issues such as conflicts with lease contracts, private contractual relationships, sales, debts, based on the voluntary nature of the parties, always on the legal grounds.
- In the Neighborhood and Condominium: Conflicts between neighbors and owners can range from intense noise, domestic animals, the use of common areas, failure to pay for maintenance and services, the list is extensive, find a solution to these Conflicts through the courts can be exhausting and detrimental to those involved, who continue to interact in common spaces and are emotionally affected by long and unilateral processes. Mediation offers a simple, neutral and flexible alternative, where the mediator provides serenity and tranquility by offering a space where people can communicate and provide solutions voluntarily, fairly and expeditiously, thus allowing the harmony of the community to be maintained through healthy coexistence agreements.
If you find yourself in any of these conflict scenarios in Playa del Carmen, Cancun or anywhere in the Riviera Maya, at Anaya Legal Playa we have mediators certified by the Supreme Court of Justice of the State of Quintana Roo, professionals with extensive experience, willing to to support you to achieve fast, economical and fair solutions.