The alternative systems for settling conflicts, known in English as ADR - Alternative Dispute Resolution Systems - are an efficient and proven alternative for the ordinary courts.
The Mallorca Chamber of Commerce, together with other bodies, is offering the following services:
The main difference between mediation and arbitration is the effectiveness with which the resolution is reached. While the arbitration ruling is binding on the parties, and therefore acquires the authority of a final decision, the agreement reached during mediation has no legal effects.
Another aspect of the difference between arbitration and mediation is the role of third parties. It is the arbitrator who renders a final binding between parties, whereas in mediation, the mediator can rely on the cooperation of the parties to end the conflict.
Mediation is a process for alternative resolutions of conflict where both parties participate with a WIN-WIN approach to the procedure. It's a chance to reach settlements from consensus, through an extrajudical procedure and with the help of a neutral mediator.
The Institution for Mediation of the Balearic Islands (IMIB) is a non-for-profit association constituted by the Official College of Lawyers of the Balearic Islands (like the Bar Association) and the Mallorca and Menorca Chambers of Commerce under Law 5/2012 on Civil & Mercantile Mediation, bringing together a group of qualified professionals from different disciplines who believe in mediation as a valid procedure to resolve conflicts peacefully.
Currently, the Formentera and Ibiza Chambers of Commerce are also members of IMIB.Find out more
Arbitration is a means of settling conflicts based on the autonomous will of the parties. It involves submitting the contentious issues to the decision-making of one or various arbitrators, thereby renouncing access to common law courts.
Through arbitration, the parties concerned can obtain the same end results as through civil proceedings: a decision that ends a conflict with all the effects of the res judicata. The advantages of arbitration are many, and therefore it is being used increasingly by companies for settling conflicts. In fact, arbitration is fast and confidential, and offers total resolution of conflict by specialized professionals.
Supported by Law 60/2003 of 23rd December, on Abritration and Law 4/2014 of 1st April, on Basics of the Official Chambers of Commerce, Industry, Services and Navigation, the Mallorca Chamber offers arbitration services whereby the Chamber carries out the administration of arbitration either nationally or internationally, both at law and in equity, to which it is subjected: conflicts between companies, between an entity and its administrators or partners, or between adminstrators and partners, or just between partners, for distribution or commercial representation, the concession of industrial and commercial exploitation, the leasing of business premises or housing, professional services etc.
The Mallorca Chamber: founding member of the Balearic Islands Court of Arbitration
In 2011, the Association for Institutional Arbitration of the Balearic Islands (ASAIB) was founded as a non-for-profit entity with the aim of promoting and strengthening arbitration as an instrument to solve matters of a commercial, industrial or general business nature in which all parties have the power of disposition.
The promoters and founding partners of the ASAIB are the Mallorca Chamber of Commerce, the Illustrious College of Lawyers of the Balearic Islands, the College of Notaries, the College of Architects and the University of the Balearic Islands.
Given its nature and functions, the ASAIB can carry out arbitration for national and international conflicts, both at law and in equity.
For the administration and processing of arbitration cases, the Court of Arbitration was set up permanently in May 2018 in the heart of the ASAIB, and made up of members of their Board of Directors:
- Chairman: Illustrious College of Lawyers of the Balearic Islands
- Deputy Chairman-Treasury: Mallorca Chamber of Commerce
- Secretary: Illustrious College of Notaries of the Balearic Islands
- Representative: College of Architects of the Balearic Islands