As I have seen in my work as an attorney, companies and workers are often trying to reach agreements at the door of the courtroom, where they are waiting for a trial. This occurs after, in many cases, significant organizational, economic and emotional costs have already occurred.
When a worker files a claim against his employer, it is likely that there is an interest of both parties to try to resolve the matter quickly. On many occasions, negotiations between lawyers do not come to fruition. Mediation is a useful instrument in order to reach a satisfactory agreement for both parties before reaching the court.
An experienced mediator meets with the people in dispute to help them resolve their differences. The intervention of a mediator greatly increases the possibility of finding a solution between the parties because it helps them to constructively restore their communication, focusing on the purpose of finding alternatives that meet the needs of both.
The agreement reached in the mediation process can be made official through an act of conciliation in the Mediation Service of the Labor Department of the Basque Government, thus enjoying executive force in accordance with the provisions of the Labor Procedure Law.