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Mediation is an alternative form of dispute resolution for conflicting parties aimed at reaching an agreement with the help of an impartial third party, i.e. the mediator, whose role is to guide the parties towards finding a common solution that suits both their interests.

Since it is the parties themselves who arrive at an understanding, mediation enables them to come up with a more flexible and creative outcome that prevents the possible impact that a decision handed down by a third party may have. Moreover, mediation proceedings are carried out under confidential conditions and, in the lion's share of cases, are more cost effective and less time consuming than other dispute resolution methods.

We at CMS believe mediation to be an attractive mechanism give that, more often than not, it helps to avoid current and future disputes and involves a more modest investment of both money and time, without either party being deprived of any rights or opportunities. Against this backdrop, it represents an alternative which certainly cannot be overlooked in times like the present.

Wherever a dispute may crop up, CMS is able to offer the required advice using a pro-active, devoted and positive approach. Our Mediation team is made up of dispute resolution and negotiation experts spanning numerous disciplines, with outstanding technical capacity and the ability to act as mediators or counsel in mediation proceedings according to the client's needs.

CMS' vast international presence, coupled with the renowned experience of our professionals specialising in alternative dispute resolution methods, enables us to provide services not only in relation to matters subject to Spanish law, but also on a coordinated basis in multi-jurisdiction cases.

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Conflicto de socios, mediación y M&A, por José María Rojí

10 Mar 2021 1 min read

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