Mediation may not be imposed. You can not force anyone to establish relationships or to reach agreements. The voluntary nature also affects the mediator in two ways: – It legitimizes the role and power of the mediator, giving him the permission to act as such. – Allow the mediator to suspend the mediation as it deems necessary for reasons advised to do so.

Phases of mediation in general, as studies show mediation, we can distinguish five stages in the mediation process: 1. Identifying the problem: Stakeholders recognize the existence of the conflict and its willingness to resolve it. Both need to understand that the problem affects both and need to negotiate, without it, mediation is not possible. 2. Choosing mediation to resolve the conflict: The most widespread form of establishing the conditions of a separation or divorce is to go to the legal action through a legal representative, who, when possible, is responsible for negotiating with the partner . When choosing one course or another, must be clear that mediation is complementary to the legal action and, in any way, is waived and that the choice of this route does not mean giving up your legal advisor. The choice of mediator should be shared. In Spain, the offer is still low, but began to have services throughout the country public and private practitioners are beginning to offer their services.

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