Mediation is the great unknown. It works with great success in other countries and here it is frequently disqualified, even in specialized areas, with arguments that reveal that it is not known what it is.
Preambles of our laws praise its benefits and they declare their firm intentions to promote it, but the reality shows that only some private institutions and some judges with a deep vocation to satisfy the parties’ interests bet on it with determination.
The truth is that when the mediation is thoroughly known, its promotion and impulse are usually sought.
Conflicts of trading companies with their clients are an ideal field for testing mediation. Often the interest of this type of companies goes far beyond recovering an amount in short term and they start judicial procedures that could even exceed the amounts at stake.
Online trading companies cannot attract professional investors with a profile of default and insolvency and who know how to surround risk control systems to make large investments leveraged without funds to respond.
In this context, the mediator will be an effective assistant so that the parties can get to better know and understand each other true interests.
A mediation clause in an options and futures agreement could probably avoid endless and uneconomic procedures that, in addition to eroding the justice administration system, put the clients in a position to withstand up to ten years of unnecessary judicial conflict.