What has its approval meant? What is the fit of mediation now in Spain?
On January 11, 2019, the greatest progress has been made in our country in terms of mediation.
With the approval of this preliminary project, it has been possible to go from being an optional figure for the resolution of extrajudicial conflicts to something obligatory for litigants, who are obliged to attend an informative and exploratory session in the six months prior to the filing of the lawsuit in a set number of matters.
Therefore, it becomes a necessary procedure prior to the judicial process, although this does not imply submitting to the mediation process.
It incorporates a negative element in the event of non-compliance with the ‘mitigated obligation’ of mediation, so that the costs of the process will not benefit the party who has not gone to try to resolve the conflict through mediation provided that it was legally mandatory or had been agreed by the court during the process.
It is also important what matters are covered by this process, are civil and commercial matters among which are: succession, dissolution of marriage, guardianship and custody, alimony between relatives, professional liability …
Another very important novelty is intra-judicial mediation, that is, the judge or court, after analyzing the case, considers that mediation is an alternative to trial that may be more convenient for the parties.
In addition, this draft also includes amendments to three rules: Law 5/2012 of 6 July on mediation in civil and commercial matters, the Law on Civil Procedure and the Law on Free Legal Aid, which incorporates mediation between its services.
Another important element is What do you need to be a mediator?
Registration is required in the Register of Mediators and Mediation Institution that depends on the Ministry of Justice or in the registers set up by the autonomous communities. In addition, the mediators should have a better professional qualification, for example, in the area of family law, training in equality and detection of gender violence will be required.
In Llorente & Rayón can help you, we are experts in mediation, call us.