8 Steps of the Mediation Process
This section outlines the main stages of the mediation process, through which the parties may seek to resolve a dispute with the assistance of a neutral third party.
8 Steps of the Mediation Process
From the initial request to a possible resolution
Submit your request
Fill out the online request form and provide relevant information about the dispute. You must also indicate three mediators of your choice from the directory.
Payment of the initial fee
Pay the initial fee of $500 USD plus 16% VAT. Payment is processed securely through Stripe. This fee is non-refundable and covers a preliminary review of the matter to determine its suitability for mediation.
Initial review
Our team conducts a preliminary review of the request, generally within 48 to 72 business hours, to assess whether the matter appears suitable for mediation and whether additional information is needed. This review is for preliminary evaluation purposes only and does not constitute legal advice or a formal acceptance of the matter.
Invitation to the Other Party
CMA-BCS will contact the other party via email, using the contact information provided, to invite them to participate in the process. As mediation is voluntary, their participation cannot be guaranteed.
Mediator Selection
CMA-BCS will share the résumés of the mediators proposed by the requesting party with the other party, to confirm the absence of any conflicts of interest and allow them to indicate their preference. If no agreement is reached, CMA-BCS shall appoint the mediator.
Mediation Sessions
The mediator conducts facilitated dialogue sessions where both parties present their perspectives and work toward an agreement.
Agreement or Closure
If the parties reach an agreement, it is documented in writing. Subject to the applicable legal framework and the compliance with the applicable legal requirements, the agreement may have the same effect as a final judgment and become enforceable by operation of law. If no agreement is reached, the matter is closed and the parties remain free to pursue other dispute resolution or legal alternatives.
Legal effect and enforceability
If the mediation agreement meets the requirements established by the applicable legal framework, it shall have the same legal force as a final judgment and be directly enforceable.
Submit your request
Fill out the online request form and provide relevant information about the dispute. You must also indicate three mediators of your choice from the directory.
Payment of the initial fee
Pay the initial fee of $500 USD plus 16% VAT. Payment is processed securely through Stripe. This fee is non-refundable and covers a preliminary review of the matter to determine its suitability for mediation.
Initial review
Our team conducts a preliminary review of the request, generally within 48 to 72 business hours, to assess whether the matter appears suitable for mediation and whether additional information is needed. This review is for preliminary evaluation purposes only and does not constitute legal advice or a formal acceptance of the matter.
Invitation to the Other Party
CMA-BCS will contact the other party via email, using the contact information provided, to invite them to participate in the process. As mediation is voluntary, their participation cannot be guaranteed.
Mediator Selection
CMA-BCS will share the résumés of the mediators proposed by the requesting party with the other party, to confirm the absence of any conflicts of interest and allow them to indicate their preference. If no agreement is reached, CMA-BCS shall appoint the mediator.
Mediation Sessions
The mediator conducts facilitated dialogue sessions where both parties present their perspectives and work toward an agreement.
Agreement or Closure
If the parties reach an agreement, it is documented in writing. Subject to the applicable legal framework and the compliance with the applicable legal requirements, the agreement may have the same effect as a final judgment and become enforceable by operation of law. If no agreement is reached, the matter is closed and the parties remain free to pursue other dispute resolution or legal alternatives.
Legal effect and enforceability
If the mediation agreement meets the requirements established by the applicable legal framework, it shall have the same legal force as a final judgment and be directly enforceable.
Possible Outcomes
Mediation may conclude in one of the following ways
Agreement reached
The parties reach an agreement, which is documented in writing. If the applicable legal requirements are met, the agreement may have the same effect as a final judgment and become enforceable.
No agreement
If the parties do not reach an agreement, the matter is closed and they may consider other available dispute resolution or legal alternatives.
Referred to Arbitration
Where appropriate, the parties may be referred to the Colegio de Corredores Públicos del Estado de Jalisco, A.C. if they decide to pursue arbitration as an alternative route for obtaining a binding decision.