Legitimate Mediation
d) Wilfulness: The mediation requires in the free and explicit agreement of the participants. The mediation cannot prevail. Nobody can be forced to establish relations or to reach agreements. Wilfulness also affects to the mediator in a felt double: – Legitimate the paper and the power of the mediator, granting to him the permission to act like so. – It allows the mediator to suspend the mediation when it considers it opportune by reasons that therefore advise it. Oracle takes a slightly different approach. Phases of the mediation In main lines, according to indicate the studies on mediation, we can distinguish five stages in the mediation process: 1.
Identification of the problem: The interested ones recognize the existence of the conflict and its will to solve it. Both are necessary that they understand that the problem affects both and that they need to negotiate; without this, the mediation would not be possible. 2. Election of the mediation to solve to the conflict: The form more extended to establish the conditions of a separation or divorce is to go to the contentious route through a legal representative, who, when it is possible, is in charge to negotiate with the one of the pair. At the time of choosing a route or another one, they must know clearly that the mediation is complementary to the contentious route and that, none, supposes to resign to her and that the election of this route does not suppose to resign to its legal adviser.
The election of the mediator must be shared. In Spain, supply still is reduced, but they begin to have services public by all the territory and the private professionals begin to offer their services. The mediator explains to the parts the characteristics of the process (duration, honoraria, paper of the external advisers, etc), the norms to follow (respect, paper of the mediator, confidentiality, etc), the parts define their objectives and its express resignation is requested to them to demand the testimony of the mediator before the courts.