MEDIATION IN MÁLAGA

In our firm, we strongly believe in resolving conflicts without going to court. We pursue real solutions tailored to the specific needs of each party in dispute. That is why our team is composed of lawyer-mediators and a psychologist-mediator, with the aim of achieving a comprehensive resolution of each case.

Emilia Ramírez, founder of the firm, embraced mediation long before it was legally regulated. She trained as a mediator even before the publication of the Spanish Law on Mediation in Civil and Commercial Matters, and since 2009 she has worked not only as a mediator but also as a lecturer at the International School of Mediation. She is an active member of the Málaga Bar Association, where she currently directs CEMICAMALAGA (Mediation Centre of the Bar Association, attached to the ADR/MASC Centre), and she is also a member of the Bar Association’s MASC Commission, specialising in Alternative Dispute Resolution methods.

What is mediation?

• Mediation is a voluntary dispute resolution process in which the parties, with the help of a neutral and impartial mediator, communicate in order to reach an agreement that benefits both sides.
• It is an alternative to court proceedings, faster and focused on the real needs of those involved.
• The parties are the true protagonists of the process.
• There is no third party imposing a decision: there is no court judgment determining a winner and a loser.
• Instead, the parties freely work together to reach agreements that will govern their future relationship.

How does mediation work?

The mediation process can be initiated as:

• An alternative to court proceedings
• During ongoing court proceedings
• After a court decision has been issued

It does not imply any waiver of the right to go to court, nor—if mediation takes place during legal proceedings—does it prevent the continuation of the judicial process.

Mediation step by step:

Request or referral: The parties voluntarily agree to participate or are referred to mediation services.

Initial session: The mediator explains the process, its principles, and how it will develop.

Mediation sessions: The parties present the conflict and its causes from their perspective. The mediator gathers all relevant information to understand the situation and the underlying issues.

A respectful environment is maintained to identify the interests of each party and generate possible solutions.

Agreement: If the parties reach an understanding, a written agreement is prepared, which can be formalised before a notary or approved by the court when necessary. The aim is for all parties to benefit from the agreement reached.

Conclusion: The process ends either with or without agreement, always respecting the parties’ freedom to continue or withdraw.

Frequently Asked Questions about Mediation

What types of conflicts can be mediated?
Civil, family (inheritance, divorce, custody changes, maintenance, etc.), commercial, neighbourhood, school disputes, debt claims, and more—whenever the parties are willing to dialogue.

What are the advantages compared to court proceedings?
It is faster, more flexible, and usually less expensive. It also encourages dialogue and helps preserve relationships.

Is mediation mandatory?
In some cases, Spanish law requires attempting an ADR process (MASC), such as mediation, before filing a lawsuit. However, mediation itself remains voluntary.

Who is the mediator and what is their role?
A neutral professional who facilitates communication between the parties without imposing decisions.

What happens if no agreement is reached?
The mediation can end at any time, and the parties retain their right to go to court.

Is a mediation agreement legally binding?
Yes. It can be formalised and, if necessary, enforced through notarial or judicial approval.

What is the cost of mediation?
It depends on the type of conflict and the number of sessions required.

Where does mediation take place?
In person, online, or in a hybrid format, depending on the parties’ needs.

How can I start a mediation process?
You can contact us via the website form, email, or phone. We will provide guidance with no obligatio