Phases of mediation in General, as they point out studies on mediation, we can distinguish five stages in the process of mediation: 1. identification of the problem: stakeholders recognize the existence of the conflict and their willingness to resolve it. Both it is necessary to understand that the problem affects both and need to negotiate; without this, the mediation would not be possible. 2. Election of mediation to resolve the conflict: the most widespread form of establish the conditions of a separation or divorce is the litigious route through a legal representative, who, when possible, is in charge of negotiating with the couple to attend. When choosing one way or another, they must have clear that mediation is complementary to the contentious road and posed, in any way, relinquish it and that the choice of this route does not renounce his legal adviser. The choice of the mediator should be shared.
In Spain, the offer It is still small, but they begin to have public services throughout the territory and private practitioners begin to offer their services. The mediator explains to parties the characteristics of the process (duration, fee, role of external advisors, etc), rules to follow (respect, role of the mediator, confidentiality, etc), the parties define their objectives and asked your express waiver to claim the testimony of the mediator before the courts. All this is contained in a document to sign all three and of which a copy is given to each. 3. Identification of the problem: it’s a compilation of the parties, in the presence of the other; Thus they know definition making the other of the conflict, as well as its content. The mediator, using appropriate techniques, directs the process and monitors that I will not occur loss of control which could give rise to a dynamic threats and contraamenazas, attending any imbalances between the parties. It is obtain a shared narrative of the conflict, which, the mediator helps them remember What are the issues that they want and those who do not want to negotiate and in what order. At the same time, the mediator, should care for the parties to respect the speaking time, the treatment is correct and follow their instructions.
You are invited to provide proposals and alternatives without prejudging them, not even appreciating their congruence or viability. 4 Negotiation: During the process, the parties are accepting the legitimacy of the interests of the other as a prelude to accept the solution of the conflict as a shared interest – I win, you win-which enables both cooperate in its successful conclusion. Negotiated case by case. In each of them, he is a brainsmtorming, later discarded less interesting ideas, and is elaborated and negotiated each of those accepted. 5. Drafting of the agreement: the mediator draws up the document that reflects the agreements reached, trying to use the forms of expression of the parties. It will be signed by both and the mediator, by delivering a copy to everyone. Well understood that, prior to the signing, are reminded the ability to consult with his lawyer. Finally, counsel will translate the agreement to legal terms for processing in court.