The most recent recognition came from the horizontal property law. After the last June reform, Article 21.6 of it states that “a claim relating to community expenses and reserve funds or any other matter relating to the obligation to contribute to them, may also be subject to mediation, conciliation or arbitration, in accordance with the applicable legislation.”
In this way, mediation is legally recognized as an alternative to court to solve the problem of non-payment of community expenses.
In the mediation process, the neighbor and society – generally through his superior – will be able to negotiate installments in repayment of debts, deferment, pardon, etc.
time factor
“In this type of dispute, speed is one of the main advantages of mediation over legal proceedings. It is important because the debt will continue to grow during the period (months or years) that requires the lawsuit to be settled in court,” explains David Fernandez, civil and commercial mediator at Pactio’s office. Mediation.
Faced with such a long period of time, the mediation process can be resolved within weeks. In this way, the possibility of agreeing a payment schedule is simplified so that the neighbor can catch up and face the community fee.
The mediation process can be initiated at the request of the neighbor or community, either through the administrator, secretary or superior. Both parties must attend voluntarily, so it is recommended that they be informed of the process. In this sense, the information session is “an essential step, because the mediators in it will be able to explain the details and answer all questions raised by the parties.”
Other Mediation Advantages
In addition to being faster and cheaper than a trial, mediation can mean a greater degree of satisfaction for the neighbors, since they are the ones who agree on the terms of the agreement.
A feature of mediation is that no one outside the conflict, not even the mediators, suggests or imposes solutions.
In addition, Fernandez notes, “Neighborhood relations are preserved, without fighting or hatred, because in the end we will have to meet our neighbors at one time or another.”
It is also important to note that the mediation agreement has the binding nature of a contract, something that can be strengthened by passing it on to a notary so that payment can be claimed faster than usual in the event of non-compliance. Experience.
If the neighbor and the community do not reach an agreement, the mediation process by which the process is closed can be beneficial to both, as it shows that they have a desire to resolve the dispute without going to court, which, of course, will continue the law.
About Pactio Mediation
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