Mediation in Costa Rica

Costa Rica is a nation of laws and a vibrant judiciary that is as advanced as any other judiciary in the World. The country has a robust legal framework when it comes to handling legal mediations between parties. In the 1990s, the country introduced the Alternative Dispute Resolution (ADR) framework to offer effective measures for resolving disputes.

Ever since the framework has been overly utilized by sparring parties to address commercial disputes. The ADR however does not completely allow for arbitration as an alternative to traditional court proceedings in case an agreement cannot be reached by both parties.

This ineffectiveness is not down to structural weaknesses of the ADR, rather it has to do with legal practitioners still utilizing traditional court proceedings to get redress rather than take advantage of the opportunity that arbitration offers.

The UNCITRAL Model Law

However, things are changing as the Congress of Costa Rica has adopted international arbitration similar to UNCITRAL of 2006. This new model law seeks to incorporate international legal best practices into local arbitration laws for the settlement of all legal disputes that may not require traditional court proceedings.

What is Mediation?

Mediation is a kind of informal legal process used to resolve issues of conflict between two disagreeable parties. The mediator in the case is often a third party recognized by law to act as a mediator. The mediator is an independent party that listens to the argument of both sides before exploring opportunities available to address the complaints of both parties.

Essentially, the end goal of a mediator is to ensure that the dispute doesn’t go to court by one party filing a lawsuit against the other party. Within the confines of the law, the Mediator has no legal authority and cannot make a decision that is binding to both parties unless the parties give the Mediator such an authority to do so.

Why you should seek our Mediator Services

Over the years many parties have come to us to act as Mediators to resolve disputes and we are proud to say that our successful track record speaks for itself. Utilizing our mediator services offers you several benefits some of which include.

Fast conflict Resolution: While lawsuits may take several months or years, when you utilize Mediation services you can resolve disputes with the other party and move on with your life. Having a legal case hanging over your head for years is an uncomfortable reality you don’t have to deal with.

An inexpensive option: As you may already know, lawsuits are expensive affairs. Regardless of whether you are the plaintiff or the defendant, you will keep spending your resources for ask g as the case drags on. But if you utilize mediation services, you spend far less and may still reach an acceptable compromise with the other party.

More engaging: Mediation exercises are less formal and present the opportunity for you and the other party to reach an agreement. The mere fact that both parties are willing to talk things over is enough promise to show neither party wants to go to court. This is a good way to speedily resolve disputes.

Confidential: You may not know but once you take a case to court, it becomes public knowledge which may complicate your life especially if it involves minors. But mediation is confidential and what is said during the process is only known to both parties and the neutral third party serving as a mediator. If you want your case to be confidential, it may be in your best interest to go this route instead of going to court.

Preserve long-established relationships: Court cases are often feisty affairs that generate a lot of bad blood between both parties before, during, and after the conclusion of the case. If you still value the relationship you have with the other party, taking advantage of the opportunity provided by mediation is a perfect way to arrive at a win/win situation rather than risk your relationship in court where the final judgment will end up as a win/lose ruling.

More control: Mediation offers both parties control over the proceedings and negotiations rather than bequeathing all the authority to the courts.

At Melendez & Bonilla , we help our clients go through mediation processes as seamlessly as possible and will gladly be of help to you. Contact us today and let us provide you with all the legal support you will need.