Summer is synonymous with rest, relaxation and good times. For many people, especially those who come to enjoy the sun and the Mediterranean coast, Spain is the ideal holiday destination. However, as with any trip, unforeseen events can arise that can tarnish the experience: disputes with neighbours over noise or coexistence rules, contracted services that do not deliver what was promised, minor traffic collisions, problems with holiday rentals…
At MAM Solicitors we are aware that these conflicts, however small they may seem, can cause great discomfort, especially if they occur during a period as long awaited as the summer. For this reason, we advise you to resort to alternative dispute resolution mechanisms such as negotiation, mediation or arbitration.
These legal tools allow disputes to be resolved quickly, efficiently and without the need to go to court.
MAM Solicitors: negotiation always comes before litigation:
At MAM Solicitors we always choose to negotiate rather than litigate, in order to secure the most acceptable outcome quickly and keep costs to a minimum.
Over the years, our litigation specialists have built a strong reputation for representing private clients in many types of litigation.
Our team of associate lawyers is prepared to assist our clients in many different fields, from Civil Law to Personal Injury and from Family Law and Divorce to Criminal and Traffic Defence.
What is mediation?
Mediation is a voluntary, confidential and flexible procedure in which the parties to a dispute meet with the assistance of a professional and impartial mediator. The aim is for both parties to engage in dialogue and reach a consensual agreement.
It is particularly useful when:
- You want to maintain a good relationship between the parties (e.g. between neighbours or landlord and tenant).
- You are looking for a quick and personalised solution.
- You want to avoid the emotional and financial strain of legal proceedings.
- In many cases, mediation can be carried out online, which is very useful if one of the parties resides outside Spain.
What is arbitration?
Arbitration is a more formal procedure than mediation, but equally agile. The parties appoint an arbitrator – or a panel of arbitrators – who acts as a private judge and whose decision is binding. This procedure is particularly suitable for disputes related to:
- Contractual breaches (rentals, tourist services, bookings, etc.).
- Disputes with leisure companies, travel agencies or tour operators.
- Financial claims arising from damage or loss.
One of the great advantages of arbitration is that the arbitrator’s decision has the same validity as a court judgement, but is obtained in much less time.
Why are negotiation, mediation or arbitration ideal solutions for resolving disputes in summer?
During the summer months, many people – especially foreigners – have limited time to stay in Spain. In these cases, initiating ordinary legal proceedings may be impractical, due to the slowness of the courts, especially during the summer season.
In addition, we may encounter linguistic difficulties that make the process complex, or even logistical difficulties if the process takes a long time and one of the parties involved has had to return to their country of residence outside of the summer months.
In this case, both mediation and arbitration, when both parties agree to it, offer fast, confidential and efficient solutions, with the possibility of carrying out the whole process in the client’s language and with specialised legal advice.
