11 May Business Mediation in Ecuador
We explain about the Business Mediation in Ecuador
Mediation as a way to resolve conflicts in the company and gain competitiveness.
Conflicts between employees can lead to tense workplaces that ultimately harm the company and its proper functioning.
That is why it is important to find a way to solve these conflicts for any organization. Mediation is one of the processes that can be followed to resolve conflicts and that, not only can solve the problem, but it is also a type of management that will favor business competitiveness.
What is mediation?
Talking about mediation as a value that boosts business competitiveness is the first step to boost companies in these times of health emergency, it is one of the main advantages that mediation can bring to an organization. This model of conflict management is done on an amicable and non-judicial basis, therefore, the protagonism and the solutions lie with the people who attend the mediation, not with the mediator. This is the great difference compared to other more commonly used alternatives, such as arbitration or the courts: here the mediator does not decide, but the agreement is reached by consensus among those who participate in the process. Business Mediation in Ecuador
Characteristics of mediation;
Mediation has very simple rules. We start from the willingness to talk and listen to those who have a different opinion. The challenge is then to get the two parties to reach a joint and satisfactory solution. Here are the basic elements of mediation Business Mediation in Ecuador:
- Voluntariness: the parties themselves decide to participate in the mediation. Voluntariness is maintained during the process, since they can abandon it if they deem it appropriate. The mediator, on the other hand, may also stop it if he/she considers that no progress will be made or if there is an imbalance or bad faith among the participants.
- Confidentiality: everything that is exposed is limited to a private space, thus it is recorded in writing and maintained during and after the process. Confidentiality is an aspect protected by the Mediation Law. The agreement in mediation is a strictly private matter.
- Flexibility: the conversation is not framed by a rigid procedure and adapts to the needs of the parties, which in turn can provide a much wider range of options for discussion.
- Agility: mediation is also a fast process that can be concluded in weeks or months. The pace and number of meetings (sessions) is determined by the process.
- Lower cost: the parties cover the economic cost of the process. The expense is significantly lower than other alternatives and the duration of the sessions is between one and three hours.
The mediator acts as a catalyst for this conversation in person or in virtual format and ensures its development within a respectful space that takes place in two types of sessions; either joint or, if deemed necessary, individual. To turn to a professional mediator who independently and neutrally directs the process is the first step to initiate mediation. Business Mediation in Ecuador
In addition, another point to be considered by employers is that disputes do not only arise between employers and employees, they can also arise with third parties: such as suppliers and customers, among others.
Business mediation is applied in a wide variety of matters, such as financing or banking issues, contract interpretation, leases, insurance application, franchises and those related to intellectual property and the use of trademarks and registered patents. There is a good formula to prevent conflicts: it consists of including in the contracts that we are going to sign a clause for the voluntary application of mediation as a way to solve differences that can arise throughout the time.
It is time to move forward and adapt to this new era that is being generated worldwide, it is definite that the world has changed and that we must all adapt, companies, entrepreneurs, employees, suppliers, customers, lawyersWe must therefore look more and more closely at the option of resolving and, if possible, avoiding eternal conflicts that generate an infinity of expenses.
Business Mediation in Ecuador
Source: Partial excerpt from: https://www.iebschool.com/blog/mediacion-laboral-reclutamiento-seleccion/
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