Mediation
This is a free and easy procedure through which the dispute with a company can be resolved. It begins with the prior express request of the parties and the involvement of experts in negotiation techniques. Mediation is always voluntary, because in order for it to prosper it is essential that the parties wish to use this procedure to resolve their dispute. Mediators show the parties the advantages and disadvantages of each position and the need to compromise in some point in order to arrive at a solution which meets their interests.4. Transfer to arbitration and filing due to non-acceptance
If you have informed the company of the reason for your claim and you have not obtained a satisfactory result, you can request mediation.
In the case of companies which are members of the Consumer Arbitration Board of Catalonia (link) you can make a request for arbitration.
For other companies, you can request mediation through the claims model.
In both cases you must accompany your claim with documents which attest to the consumer relationship with the company and the documents needed to prove the facts of your claim.
The mediation proposal can be done by any of the following methods: certified mail, telephone, email or fax.
Prior to the mediation and in order to aid its success, the parties must bear in mind that:
- the mediator is an impartial and neutral figure. His or her goal is to help find a solution which is favourable to both parties. The mediator in no case shall favour one party over the other.
- In order for the mediation to prosper, both sides must give up some of their claims. If there are not willing, there can be no negotiation and therefore the mediation cannot take place.
The mediation begins when the company expresses its willingness to reach an agreement and to submit a proposal to resolve the conflict.
Following this, we receive the proposal from the company, because ultimately you have to decide whether to accept it or not. Once you have seen the company’s proposal, a new request can also be made which must be sent to the Arbitration Board in order to start off a negotiation in this way, where the mediator's role is to bring the positions of the parties closer together until they themselves reach a solution that suits their respective interests.
The mediator does not impose solutions, as it does not possess authorized power of decision, but rather helps the parties to voluntarily reach a mutually acceptable solution.
The agreements reached between the parties can be formalized in writing in the form of a transactional agreement, which has the value of a private contract which is regulated by Article 1809 of the Civil Code and must be signed by both parties. In the case of incompliance, the agreement can be enforced through the ordinary courts.
If the mediation prospers and a favourable solution is reached, the actions shall be dismissed as an agreement has been reached and the parties are notified of such.
4. Transfer to arbitration and filing due to non-acceptance
If it is not possible to resolve the conflict, or because the parties do not accept this method of resolving conflicts or because it was not possible to find a favourable solution for both parties, the company is given the possibility of submitting the dispute to the verdict of an arbitration court, and if it accepts, the actions are transferred in order to continue the arbitration procedure. If the company does not accept the path of consumer arbitration, the actions are dismissed due to non-acceptance and the consumer, in order to resolve the conflict, may resort to the ordinary courts of justice.
