Do you know what ADR are? Alternative means of conflict resolution are the tools that are provided to us to resolve differences without the need for judicial intervention through a third party, that is, a judge.
ADR must resolve the conflict between two or more people, whether physical or moral, through a facilitator: a mediator, arbitrator, conciliator and / or negotiator. These facilitators will encourage, through their qualities and principles, the parties involved to reach an agreement, where there must always be their will so that the result is a win / win.
The main means that can be used in Mexico are:
- Negotiation: This means consists of a conversation between two or more people, where it is required to achieve a settlement of divergent interests or a mutual agreement.
- Mediation: It is the voluntary procedure where two or more people are involved in a controversy, for which a satisfactory solution is sought and built, with the assistance of an impartial third party who is called: mediator. In Mexico there are two types of mediations:
- Conciliation: This procedure consists of a series of stages, where the people who are involved in a conflict which is reconcilable by law, will find a way to resolve their differences through an agreement that is satisfactory for both parties. In this procedure a neutral and impartial third party is involved, which is called: conciliator.
- Arbitration: It is a method of dispute resolution, which the parties involved choose to put an end to the differences that arise between them, being settled by an impartial third party. One option in Mexico to resort to arbitration is the Centro de Arbitraje en Mexico.
ADR are gaining importance in terms of conflict resolution, as avoiding court and opting for this method of resolving disputes through negotiation has many advantages:
From a generalized context, ADR have undergone an evolution according to the evolutionary process of civilization. As of today, where we are experiencing a change in culture, alternative means of conflict resolution play an increasingly important role, relevant in the attention and resolution of conflicts.
At present, where we are experiencing the consequences of the pandemic, which has fostered both an economic and judicial crisis, the most reasonable thing for the merchant (who is in a state of insolvency) is to reach a restructuring without necessity to go to court.
Ideally, through the ADR, such as mediation or commercial arbitration, an agreement is reached with the party involved and thus can continue to promote their company by restructuring past due balances, thus perpetuating the commercial relationship with your creditors and that both parties can win / win.
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