As we already announced yesterday, the Royal Decree that develops certain aspects of Law 5/2012 on mediation in civil and commercial matters has finally been approved today by the Council of Ministers. The new decree will be published soon in the BOE and will come into force from March 1, according to official sources. A great advance for the inclusion and promotion of mediation in the Spanish Administration of Justice.
The rules regulates and guarantees essentially four aspects: the training of the mediator, the creation of the public registry of the Ministry of Justice for the publicity of mediators and mediation institutions, the assurance of their civil liability in the matter and, finally, the promotion of a simplified mediation procedure by electronic means regarding claims that do not exceed 600 euros.
With regards to the mediator training, the minimum duration is 100 hours. A theoretical part and a practical part that will be at least the 35%. It is also provided, although without modifications, that mediators will have to carry out continuous training activities every five years, whose practical activities will have a minimum duration of 20 hours and will ensure the updating of the mediator's knowledge.
The Registry of Mediators contemplated in the RD It is expected to come into operation on June 1, 2014., according to official sources. Said Registry consists of a database with free access through the Internet, on the website of the Ministry of Justice, in which all registered mediators will appear, with the objective of publicizing and giving transparency to mediation activity at the national level. state. It will be divided into 3 sections: mediators, bankruptcy mediators and mediation institutions, with registration in the Registry being mandatory only for bankruptcy mediators.
Consult the latest draft approved by the Council of Ministers
