Mediation: a comprehensive guide to dispute resolution in Spain

Disputes are an unfortunate but often inevitable part of doing business. Mediation offers an alternative to the traditional court process, providing a confidential, efficient, and less confrontational means to resolve conflicts. For English residents in Spain who find themselves embroiled in a commercial dispute, understanding the mediation process is essential. Fenus Legal’s expertise in this area ensures that parties can approach mediation with confidence.

What is mediation?

Mediation is a process where a neutral third party, known as a mediator, facilitates a conversation between disputing parties to help them reach an agreement. Unlike litigation, it’s non-binding until the parties finalize an agreement.

The advantages of mediation


Mediation offers flexibility in scheduling and the resolution process, allowing for tailored solutions.


Everything discussed during mediation remains confidential, protecting sensitive business information.


Mediation is often less expensive than litigation, saving both time and financial resources.

The mediation process in Spain

An overview of the typical steps involved in mediation, from selecting a mediator to finalizing an agreement.

Selecting a mediator

Choosing a qualified mediator with relevant experience and neutrality is critical.

Initial meeting

The first session where the mediator sets the ground rules and allows parties to express their viewpoints.


The parties work together, guided by the mediator, to explore solutions and negotiate terms.


Finalizing a legally binding agreement that resolves the dispute.

When to consider mediation

Mediation can be particularly effective in resolving certain types of disputes, including contract disagreements, partnership conflicts, and employment issues.

Preparing for mediation

How to prepare for mediation, from gathering necessary documents to defining objectives and understanding legal rights.

Role of a legal counsel in mediation

The importance of having an experienced legal counsel to advise and represent you during mediation.

Mediation vs litigation

Comparing mediation with traditional court litigation, highlighting the key differences and benefits of choosing mediation.

Challenges and pitfalls of mediation

Understanding potential challenges and common mistakes to avoid in mediation.

Case studies: successful mediation with Fenus Legal

Real-world examples illustrating how Fenus Legal has successfully guided clients through the mediation process in Spain.

Case studies: successful mediation with Fenus Legal

The unique strengths and experience that Fenus Legal brings to the mediation process, specifically tailored to the needs of English residents in Spain.


Mediation offers a less adversarial, more collaborative approach to resolving disputes. Its benefits of cost-effectiveness, confidentiality, and flexibility make it an attractive option for many commercial disputes. The process, however, requires careful preparation and understanding. With Fenus Legal’s expertise in Spanish commercial law and commitment to providing individualized service to English residents, mediation becomes a viable and effective option for dispute resolution.