Suggesting Mediation in Mexico
-You have to look into their website – I said ecstatic.
-Well, it’s interesting –the code word for saying “I don’t have a real opinion for it”- but I don’t see how we can use similar services here. There are big differences between Mexico and the United States; it wouldn’t work here, I’m telling you.
Amazed with the conveniences of mediation, and in general with ADR, I called a good friend from Law School, who is starting his law firm and has been struggling to take off his business. I directed him to JAMS mediators and arbitrators’ website (http://www.jamsadr.com/) for new ideas.
-Why not?- I said. –They say it works, it’s a lot cheaper and quicker than litigation, and can really help to settle most of the disputes. If you can guide your client to find a solution, not only for what happened in the past, but for the future, that client will give you more business.
Personally, I did not have much of experience with ADR in my professional practice. Being focused in criminal law, I relied on what I learned in law school about it: two or three sessions in the first course of civil procedure, not more. And some more focusing in international arbitration. But I did not know if there was any mediation praxis at all in my Country. I know they have developed a National Center for Arbitration sponsored by the Chamber of Commerce, and some governmental agencies have mandatory mediation mechanisms. What about private mediation?
-Well, there is a problem you are not considering- my friend said. –A high percentage of disputes in Mexico have a very simple origin: because of the financial crisis, people breach their contracts because they don’t have money to live up to their obligations. Actually, they acknowledge their responsibility, but plainly lack the means to comply. Then we creditors’ lawyers have to go through litigation to obtain judgments against debtor’s property. We even have lots of default judgments.
-That’s interesting –I said, using the code word-. Anyway, you should think about it.
-And you should tell me how to promote mediation –which my friend confuses with arbitration- when one party is insolvent.
I do not have a solution for this de facto situation. I expect to have it before the semester is over.
-Well, it’s interesting –the code word for saying “I don’t have a real opinion for it”- but I don’t see how we can use similar services here. There are big differences between Mexico and the United States; it wouldn’t work here, I’m telling you.
Amazed with the conveniences of mediation, and in general with ADR, I called a good friend from Law School, who is starting his law firm and has been struggling to take off his business. I directed him to JAMS mediators and arbitrators’ website (http://www.jamsadr.com/) for new ideas.
-Why not?- I said. –They say it works, it’s a lot cheaper and quicker than litigation, and can really help to settle most of the disputes. If you can guide your client to find a solution, not only for what happened in the past, but for the future, that client will give you more business.
Personally, I did not have much of experience with ADR in my professional practice. Being focused in criminal law, I relied on what I learned in law school about it: two or three sessions in the first course of civil procedure, not more. And some more focusing in international arbitration. But I did not know if there was any mediation praxis at all in my Country. I know they have developed a National Center for Arbitration sponsored by the Chamber of Commerce, and some governmental agencies have mandatory mediation mechanisms. What about private mediation?
-Well, there is a problem you are not considering- my friend said. –A high percentage of disputes in Mexico have a very simple origin: because of the financial crisis, people breach their contracts because they don’t have money to live up to their obligations. Actually, they acknowledge their responsibility, but plainly lack the means to comply. Then we creditors’ lawyers have to go through litigation to obtain judgments against debtor’s property. We even have lots of default judgments.
-That’s interesting –I said, using the code word-. Anyway, you should think about it.
-And you should tell me how to promote mediation –which my friend confuses with arbitration- when one party is insolvent.
I do not have a solution for this de facto situation. I expect to have it before the semester is over.
posted by Mastropiero @ 9:53 PM
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