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Neutral Conflict Resolution · MASC

How Neutral Conflict Resolution works

A structured, flexible and confidential process

Neutral Conflict Resolution runs through a clear, ordered and adaptable process, designed to ease the dialogue, analyse the options and help you take informed decisions.

It is not about forcing agreements, but about creating a professional framework in which the parties can move forward with more clarity, keeping control of the outcome at all times.

The process can be started, paused or ended at any point, as the parties wish.

The process step by step

  1. 01

    First contact

    The process begins with an initial contact in which you set out the situation in general terms. If the case fits, I propose a Sesión Informativa MASC (MASC information session). At this point:

    • The merits of the matter are not examined
    • No evidence and no positions are assessed
    • Basic questions are answered
  2. 02

    MASC information session

    This session obliges nobody to continue or to reach an agreement. The information session is a first structured meeting in which I explain:

    • What the MASC (Medios Adecuados de Solución de Controversias) are
    • Which forms may apply to the dispute
    • What the process would look like if you continue
    • What limits and safeguards there are
  3. 03

    The decision of the parties

    After the information session, the parties decide freely whether they want to go on. Everything is set out clearly and transparently before any step is taken. If the process continues, I define with the parties:

    • The scope of the intervention
    • The most suitable tool, or combination of tools
    • The format (in person or online)
    • The working and confidentiality framework
  4. 04

    Analysis of the dispute

    In this phase the work is on the merits of the matter. The aim is to move the dispute onto the ground of reasoned decisions.

    • Identifying the key points
    • Clarifying interests and needs
    • Analysing risks, costs and scenarios
    • Ordering the relevant information
  5. 05

    Neutral intervention

    The intervention can take different forms, depending on the case. The neutral professional imposes no solutions, represents no party and keeps the process moving.

    • Assisted negotiation (negociación asistida), giving the dialogue a structure
    • An independent opinion, to clarify the scenarios
    • Technical or binding proposals, as a basis for the agreement
    • Mediation (mediación) or conciliation (conciliación), where it is advisable
  6. 06

    Exploring agreements

    No outcome is imposed and nobody is obliged to accept an agreement. Where the context allows:

    • Proposals for a solution are worked on
    • Alternatives and consequences are weighed
    • Terms and scenarios are adjusted
  7. 07

    The outcome of the process

    The process can end in different ways. In every one of them, the value lies in having gained clarity, judgement and perspective.

    • An agreement between the parties
    • A technical proposal, accepted or not
    • An informed decision not to continue
    • Enough clarity to go to court

The principles that govern the process

The whole intervention runs under the principles of:

  • Neutrality and impartiality
  • Confidentiality
  • Voluntary participation
  • Equality of the parties
  • Flexibility
  • Respect for the parties and for their professionals

These principles keep the setting safe and professional.

Working alongside lawyers and advisers

Neutral Conflict Resolution does not replace legal or tax advice.

  • The parties can rely on their lawyers or advisers at all times
  • The legal strategy is not interfered with
  • The neutral intervention is complementary and, in many cases, it makes the later work easier

Working alongside court proceedings

The process:

  • Can begin before going to court
  • Can run while court proceedings are under way
  • Does not limit access to the courts

The parties always keep the freedom to go to court whenever they see fit.

Format

  • In person, in Marbella
  • Online, by secure video call

Both formats hold the same rigour, confidentiality and effectiveness.

Is this approach right for your case?

Every dispute is different. The best way to weigh it is through a MASC information session. Know your options before you decide.

Request the session on WhatsApp