Mediation

La Dirección Ejecutiva, la Oficina de Estudios y Relaciones Internacionales, la Unidad de Mediación, la Unidad de Online Dispute Resolution y la Unidad de Finanzas continúan operando en la sede del CAM Santiago ubicada en Monjitas 392, piso 11, Santiago.
In order to obtain a username and password in E-CAM Santiago it is necessary that you prove that you have power of attorney in the case, so that the person in charge of your case (Arbitration Unit or Mediation Unit) can proceed with the creation of your user profile and association to the electronic file.
On May 29 of 2020, the CAM Santiago renewed its remote operating measures by this operating statement. The statement covers customer service, online requests and consultations, the submission of briefs via E-CAM Santiago and the holding of a distance hearing. In addition, the functioning of CAM Santiago in recent months has been according to  Law Number 21226, the measures taken by the Ordinary Courts of Justice, Special Courts,  and the main foreign arbitration institutions.
The correct thing to say is CAM Santiago, due to the fact CAM is the Spanish acronym for Centro de Arbitraje y Mediación (CAM). In addition, Santiago refers to the Santiago Chamber of Commerce, whose Spanish institutional acronym is CCS.
The lawyers of the CAM Santiago’s processing units (known in other countries as administrators or case managers) form a professional team that ensures the proper functioning of our arbitration, mediation and dispute board services, and support the parties, their attorneys, arbitrators and mediators throughout our proceedings. These lawyers are a connecting bridge between the different stakeholders in a case and the CAM Santiago. As well, their functions is to coordinate the face-to-face or virtual hearings, the electronic files and the presence of the interveners in the E-CAM Santiago network and are the valid communications between the parties, their attorneys, arbitrators, and mediators.
Mediation is a process by which the parties seek to reach a friendly settlement with the assistance of a third party (the mediator), which allows natural and legal persons to have a fast, cheap and effective alternative to resolve their disputes, being able to reach satisfactory agreements and at the same time protect allows to protect business and personal relationships. There are different mechanisms to resolve legal conflicts. Some are “confrontational” or contentious, which imply that both parties must face each other, either in a trial or in arbitration, and prove the facts on which their allegations are based, so that finally a third party decides and imposes a decision. Mediation, on the other hand, is a space for dialogue in which the parties in conflict meet before an impartial mediator, who will guide the conversation aiming for a possible agreement that will resolve and takes into account the proposals of the parties. This process is confidential, quick, and requires that both parties have all the necessary information to take decisions regarding the problems that bind them, as well as possible solutions
Conflicts in the civil and commercial spheres can be resolved through dialogue. This implies less cost for the parties, not only in a financial aspect, but also in terms of time and attention wise. Mediation, unlike a trial, allows maintaining the personal and contractual relationship between the parties, or at least, avoids a further deterioration. Mediation is also a way to prevent new conflicts, because by approaching the case through this appropriate mechanism for the peaceful resolution of conflicts, the parties can reflect on what happened, and thus take measures to prevent its new occurrence. Finally, the collaborative work of both parties generates better solutions because these arise from the parties involved and are not imposed by a third party.
The mediators’ team within the nominee of the CAM Santiago are renowned professionals, who have been brought up and trained in collaborative conflict resolution mechanisms; they have significant experience in the field of commercial conflicts. You can learn about their profiles by visiting our nominee section.
As in the case of arbitrations and dispute boards at the CAM Santiago, in the face of a civil or commercial conflict, the parties may jointly request the initiation of mediation. Although it is not necessary that the clause has been previously included in a contract, you must have the consent of the other party for the mediation process to be carried out.
If the parties are drafting a contract and decide to consider the mediation clause, it is important to keep in mind our recommended model clause and, also to keep in mind that, even in the case of a multi-tiered clause, when agreeing a mediation, the parties agree in good faith to discuss any disagreements that may occur, before filing contentious actions. In this way, an concrete instance of dialogue is established between the parties.
The parties may attend the mediation sessions by themselves, without the need for an attorney to represent them. Mediation, unlike a Court trial, where legal representation prevails, is developed considering the leading role of the parties and their personal appearance in the process, without prejudice to the advice of their lawyers. Therefore, it is recommended, to the extent possible, to attend the first hearing, with the people directly involved in the conflict, accompanied by their lawyers, who will help them negotiate and make an informed decision regarding their rights and legal obligations.
Mediation is a process of dialogue and therefore consists of stages that unfold in succession. The mediator, depending on the type of conflict, may hold joint or individual hearings. In general terms, in the first stage, the mediator will inquire the interests of the parties, the objectives and the alternatives of each party. This elements will be analyzed to finally propose the different alternatives to reach an agreement. The CAM Santiago has Rules of Mediation, which establishes the rules according to which  the processes will carry out, and a Code of Ethics, where the guiding principles of the mediation procedure are found. It is important to keep in mind that any questions that may arise about the process can be directed to the mediator, who will help resolve the parties' concerns. No decision during the mediation process will be adopted, without the mediator confirming that the parties have all the necessary information to take it.
Once the parties have reached an agreement, the parties and the mediator will write a document that sets the rights and obligations that each of them assumes within this agreed solution. If the parties wish, this document will be transcript into a public deed, taking the form of a transaction contract, or another figure, depending on the need of the case. It is important to note that, in Chile, for a transaction to be considered as an enforceable instrument, it must be formalized in a public deed.
  The CAM Santiago has constantly followed the process of negotiations of the United Nations Convention on International Settlement Agreements Resulting from Mediation. The text of the Convention was adopted by the United Nations General Assembly on 20 December 2018 (A / RES / 73/198) and Chile signed the Convention along with 46 other States on 7 August 2019. Chile has not yet ratified the Convention, due to the fact that although the signature is an exclusive attribution of the President of the Republic (article 32 N ° 15 of the Political Constitution of the Republic), the Executive must send a project to be approved by the Chilean Parliaments (article 54 of the Chilean Constitution) as a prior step to depositing the instrument of ratification with the United Nations.