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Triar el camí abans del conflicte: per què la mediació és una decisió estratègica

When a conflict arises, the question is not only who is right, but which path we choose to resolve it. In the professional sphere —and especially in architecture, construction, and real estate management— this decision shapes timeframes, costs, relationships between the parties, and often the final outcome.

 

Judicial proceedings remain necessary in many cases, but they should not be the first instinct. There are effective alternatives that allow conflicts to be anticipated, structured, and transformed into opportunities for resolution. Mediation and conciliation, as consensual means of dispute resolution (ADR/MASC), place the parties at the center and allow them to retain control over the solution.

 

A key element is understanding that whoever initiates the process holds an advantage. Anticipating conflict does not mean avoiding it, but deciding how it will be managed. Including mediation or conciliation clauses in professional contracts is not a mere formality, but a strategic decision that prevents imbalances and reduces uncertainty when disagreements arise.

 

Arbitration, although an alternative to court proceedings, follows a different logic. The decision is binding and rests with a third party. It is a useful tool in certain contexts, but it does not allow the same degree of joint solution-building offered by mediation or conciliation. For this reason, it is increasingly common to adopt multi-tiered clauses that prioritize consensual mechanisms before resorting to imposed solutions.

 

Beyond the legal instrument itself, mediation provides an essential relational perspective. Listening is not about waiting for one’s turn to speak, but about understanding the real interests behind positions. When agreements do not stem from this recognition, they are unlikely to be fulfilled. Conversely, when parties actively participate in shaping the solution, agreements tend to be stronger and more sustainable.

 

Understanding conflict as an opportunity is not naïveté, but professionalism. Managing it with judgment, ethics, and methodology is now a key competence. For the architect-mediator, mediation is not a secondary alternative, but a central tool for guiding complex processes, preserving relationships, and delivering real value to society.