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The Chamber of Commerce, Industry and Services of Lorca recovers and launches business mediation services (04/05/2020)

 The resolution of conflicts with suppliers, workers or partners and to clean up the assets or recompose the self-employed debt (Second Chance Mechanism) is the objective of these services. Business (or commercial) mediation is a conflict resolution procedure that the company can use to resolve problems that arise with clients, suppliers, workforce, and even between partners or administrators.

It is a procedure covered by the Ministry of Justice, set forth in Law 5/2012, which allows CONFIDENTIAL, flexible, and in a short period of time to resolve the conflicts that the company faces on a daily basis.Mediation agreements can be endowed with the enforcement that the parties want to grant them, they can be agreements of intent, binding agreements, be raised to the public or be approved by the competent court.

They can be as effective as a court judgment.Advantages of Business Mediation:Protects business relationships with suppliers, customers, staff and companiesIt allows to give a solution to the problems in a short period of time through a confidential and cheaper process than the judicial oneIt makes the negotiations more flexible and dynamic and adapts to the needs of the parties' time and deadlinesSeeks greater guarantees of compliance with the agreements reachedReestablish communication and respect the interests of each partyThe mediation process does not prevent the judicial claim once the procedure is finished.Being a volunteer, either party can withdraw from the procedure at any time.Does not imply risk or waive any rightAll parties winProtects the image of the companyResolving conflicts through mediation represents a positive aspect in the company's Corporate Social ResponsibilitySaving of economic costs, time, uncertainties and loss of time of the directive personnel regarding a judicial claim.The Commercial Mediation applied to the company is an excellent formula to resolve extrajudicially (which does not imply giving up the judicial route in case of not reaching agreements) conflicts in the business field, and also a methodology that can be introduced in the field of company organization.Through an agreement signed with Grupo Prosuma SL, professionals in civil and commercial mediation services, the Chamber makes this service available to the companies in the district, which will be initiated through a request in the Corporation's registry, prior payment of the € 160 fee (paid between the parties) that will lead to the start of the procedure.In addition to commercial mediation, the second chance law approved in 2015 allows the Chambers of Commerce to act as mediators before the processes of extrajudicial payment agreements for legal entities (bankruptcy mediation).

The Corporation recalls that this service is also in force today, offering the advantages of this mechanism to the self-employed to recompose the debt or partially forgive it, so that those who cannot bear the burdens with their creditors can start over and facilitate the continuation.

of business activity.

In this way, the second chance law opens the door for an insolvent person to recover and clean up their assets, while keeping the collection rights of their creditors protected.

In this case, it is the camera itself that acts as a mediator,through a mediation commission made up of Corporation personnel and a professional mediator. 

Source: Cámara de Comercio, Industria y Servicios de Lorca

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