Mediation is a voluntary process through which the disputing parties are aided by a neutral third party, the mediator, who will help them negotiate a mutually satisfactory agreement.  The role of the mediator is to help the parties discover their true interests, needs and objectives.  He will also help the parties communicate effectively, identify the main considerations in the dispute, explore their possibilities outside of the negotiating table and the possible adverse consequences of not reaching an agreement.

There is a very simple answer to this question:  Any dispute can be resolved by mediation.  Yet it is also true that mediation is more apt for some disputes than for others.

There are several factors that play a role in mediation being truly appropriate to a particular case. One of these factors is an interpersonal and/or commercial relationship that the disputing parties need or wish to preserve.  This objective can be met in mediation because the final agreement resolving the dispute is consensual and must represent the interests of all the parties involved.

Another important factor in deciding on mediation is the absolute confidentiality of the process.  At the start of mediation, the parties and the mediator as well as any other person intervening in the process sign a confidentiality agreement in which they promise not to disclose information obtained during the mediation process and/or not to present it in subsequent lawsuits or arbitration. Lastly, if the disputing parties are worried about time, money and energy that they will invest in resolving their problem, mediation may be the best method in comparison to others.

• Celerity in dispute resolution as mediation only takes the time necessary to reach a satisfactory agreement, without any fixed stages.
• Significantly lower costs of time and money than those required in a lawsuit or other contentious proceedings.
• A complete guarantee of confidentiality.
• The parties can protect their personal and/or business relations.
• Active and direct participation of the parties in the search for solutions to their differences.
• Flexible procedures.

CAM Santiago recommends to the parties who want to resort to mediation, to include one of its model clauses.

CAM Santiago recommends including mixed mediation and arbitration clauses , in order to combine these two methods and allow for the step from more peaceful dispute resolution mechanisms that emphasize protecting the parties relations, like mediation, to more adversarial mechanisms that seek to overcome the dispute by a final decision, like arbitration.  The model clauses on dispute resolution of CAM Santiago consider mediation to be the first step, and if it fails, arbitration, in order to arbitrate only those disputes that cannot be resolved by mediation.

CAM Santiago has a Mediation Procedure, that set down the rules according to which processes are prosecuted.

The parties may attend mediation sessions alone, with no need for an attorney to represent them.  However, it is recommendable that they be accompanied by their attorney since they will help negotiate and adopt an informed decision in respect of their legal rights and obligations.

Once the parties reach an agreement, they and the mediator draft a document setting down the rights and obligations that each assumes as part of the consensual solution.  If the parties wish, this document will be executed to public deed to take on the form of a settlement agreement.  This agreement is binding in regard to all enforceable obligations and rights that have been agreed.  The parties' attorneys, if any, may participate in the construction of the agreement.

It is important to note that since mediation is entirely voluntary and consensual, the degree of compliance is very high after the parties sign the agreement.

The mediation fees of CAM Santiago are based on the amount of the dispute.  This refers both to the mediator's fees as well as the administrative fee of CAM Santiago.

Please go to the Fees section that contains the actual rates and a cost calculator to estimate the cost of mediation, depending on the amount of the dispute.

Mediation has no fixed or predetermined stages.  The number of sessions with the parties and mediator will depend on the complexity of the issue and the need for the parties to continue negotiating.