MEDIATION: AN EFFICIENT RESPONSE TO PROBLEMS LINKED TO HOUSING AND REAL ESTATE PROPERTY

The Conference held in the past November 14, 2022 at the headquarters of the Bar Council of Barcelona, it had several representatives from the legal and academic fields, so as representatives of partner companies of the CSIM in the field of administration of estates.

During the day, different visions were discussed around mediationó as a key tool in the resolution of conflicts linked to housing and real estate.

From the point of view of public housing policies, according to Carles Sala strong>, Secretary of Housing and Inclusion Social of the Generalitat de Catalunya, the mediation it is configured as a tool that has allowed many cases related to mortgage rent to be resolved favorably - up to 58% in 2021 - allowing many families not to lose their homes. Also highlights the plurality of instruments that currently exist in the public body to support mediation. Despite this, he points out that it would be necessary to collect the mediation in state law as a mandatory measure prior to a trial.

In the real estate field, “mediation” allows a resolution fast and efficient of problems not only to resolve conflicts in communities of owners, but which constitutes an effective tool in cases such as non-payment of mortgages or rents, occupations or vulnerabilities associated with rehabilitation. building energy”, explains Isabel Viola, full professor of Civil Law at the University of Barcelona.

The mediationó helps prevent conflict situations from escalating.

Agustiacute;n Hernández (Andrés Espinós) and Montserrat Gil  (Gil Amargós Gestió Patrimonial) agree to point out, as estate administrators, that in neighboring communities, the estate administrator is the natural intermediary because mediation constitutes the best solution in the face of conflicts. The relationship close and trusting with the people who live in a community that enables it to prevent conflicts from escalating in the first instance and resolve those that do not involve a certain complexity. In this sense, a training is proposed suitable for estate administrators in tools and knowledge about mediation. Also the need for a professional mediator is highlighted in those conflicts in which the administrator is not perceived as a neutral figure.

In community buildings, there will always be more situations that require mediation, not only at the level of problems caused by the crisis or conflicts between neighbors, but also due to new housing trends such as co-living, where the use of common spaces to generate conflicts between neighbors, or regarding the construction of new works or renovations.

According to Alberto Antolí, member of the cluster and partner of Bufete Leiva, one of the ways to raise awareness and begin to incorporate the mediation as a step prior to a judicialization, it is the incorporation of of this measure in the clauses of the statutes of the communities of owners.

The administrator is the strategist of the solutions for his client and the mediator the figure that providesneutrality.

In conclusion, there is a consensus among the different entities in favor of mediation. as a preliminary way to resolve conflicts linked to the different cases in the real estate world. If well it would be necessary to continue working for a sensitization; of the sector and of citizens and, here, the role played by the administration és key.

Alsoé the need to continue working for professionalization is highlighted. of the sector based on the principle of neutrality and good practices, always putting people at the center of decisions.

Finally, this day also has made it possible to establish bridges between the different parties both from the mediator side of the legal profession and the sector of real estate professionals to promote future collaboration. and cooperation in the matter of mediation and homogenize good practices.