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In compliance with Organic Law 15/1999, of 13 December, under the Personal Data Protection Act, we inform you that data collected will form part of an automated file, under the ownership of BARCELONA ACTIVE SPM S.A., with registered office at 162-164 Calle Llacuna, Barcelona, with the aim of managing enrollments and of informing of the company's activities and services within its field of action. You will be able to exercise access rights, rectification, cancel cancellation and/or opposition via written communication to the Legal Services of BARCELONA ACTIVE SPM S.A. at the aforementioned address.

 
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Description

Mediation refers to the intervention of a third person in a conflict in a non-forced capacity to help the parties involved resolve issues between them. The characteristis that set it apart from other similar procedures are its voluntary nature, the use of communication and the effort to help the parties understand one another and reach fair agreements. The media controls the process, not the outcome, which is always in the hands of the parties concerned. Mediators lead conflict resolution processes, whether related to family, work, community, international, race or interpersonal, etc., provided the conflicting parties are interested in reaching a solution, as an alternative to dealing with the conflict through legal proceedings. The mediator's role is as a facilitator of the resolution process, guiding it, setting out guidelines for it and being present throughout, so that the conflicting parties can find the solution to the issue themselves. As such, they foster communication between the parties and help them to reach a mutual solution. They conceive conflict as an inherent part of human relationships, viewing it as a natural dispute resulting from differences of interest, whereby it is always possible to find positives and in which the solution comes from the very figures at the crux of the conflict. Mediators work in the following areas: Social mediation; School mediation; Family mediation; Labour mediation; Intercultural mediation; Consumer-company mediation; International mediation.

Tasks

  • Analyse the characteristics of the conflict and its mediability.
    Assess the mediability of a conflict having been invited to lead the mediation process between the two or more parties involved, once these have accepted that they wish the conflict to be mediated and have agreed on a mediator.
    Meet each of the parties separately in order to: contrast each party's principles, reasoning and stance; assess the extent to which they are willing to take part in the mediation process; analyse the degree to which the balance of power (material, emotional) is manageable; ensure that there is no aggression or legal proceeding pending between the parties; and agree on a cessation of hostilities during the mediation process.
    Give concrete details about the mediation task and outline the issues on which the parties wish to reach a specific solution.
    Issue the conflict mediability diagnosis, and formally open the project file.
  • Plan and design the mediation of the conflict.
    Inform the parties about the nature and characteristics of the mediation process.
    Make any copies of material (reports, paperwork) needed to interpret all of th issues involved in the conflict.
    Draw up a draft action plan and set a schedule and a series of commitments, as well as scheduling mediation sessions to ensure that the conflict is eventually resolved.
    Meet the parties to inform them of what they can expect from the mediation process, what is to be done and how, the role of the mediator, the code of values by which the mediation process will be governed, the schedule, and the mediator's fees.
  • Guide the mediation process towards the resolution of the conflict through mediational communication techniques, in line with the working schedule and goals agreed on.
    Create and prepare suitable settings and conditions in order to foster a climate of participation and communication amongst the mediation parties.
    Remind the parties of the basic rules for participation in the mediation sessions.
    Where necessary, request opinions or information from consultants not involved in the process (experts, technicians, specialists, etc.), depending on the technical nature of the conflict.
    During the mediation sessions, facilitate bilateral communication between the two parties, encouraging active participation, channelling dialogue, applying communication and group dynamic techniques, outlining and leading the content of the dialogue, so as to clear up any elements of disagreement, helping the parties to understand different stances and reasoning, synthesising and recapping progress made in the process, formulating open questions and applying Socratic maieutic methods.
    At the end of mediation sessions, recap and sum up key issues dealt with and provide any necessary recommendations to continue to make progress in subsequent sessions.
  • Formalise the final resolution of the conflict.
    Set out the agreements and solutions agreed upon by the parties.
    Record the agreements and commitments made in a written document containing the measures and actions to be adopted.
  • Monitor finalised projects (at clients' request).
  • Update their knowledge and keep abreast of developments (legislative, legal) in relation to the field of mediation.

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