Without a doubt, justice should not be delayed. The bureaucracy and all the processes that a conflict has to go through before being resolved through judicial means make the wait practically endless.
In this context, the need arises to find new methods of conflict resolution, and this is where the Ministry of Justice proposes, in its draft law (approved in January 2019), Judicial Mediation as a way to decongest the courts and accelerate conflict resolution.
This draft law states that mediation will be established as a prior procedure to reach the courts, thus favoring the conflict to be resolved peacefully and consensually without the need for a solution imposed by a judge.
Alarming data on justice in our country
As we have commented before, late justice is not justice. However, in our country there is no other option but to wait. Litigations do not stop growing, and further of the 20% of the courts exceed the load indicator on a 150%. This explains why resolutions take so long to occur.
On the other hand, some professionals say that part of the problem lies in the absence of a culture of mediation. As these professionals point out, lawyers practicing in Spain usually base their business model on conflict resolution. There are few who focus on trying to avoid them.
The urgency of lowering the level of court saturation It is common at European level. In fact, several countries are already working on it. In Italy for example, it is mandatory to go through a mediation process before going to court. Furthermore, Germany, Holland and the United Kingdom are the countries where the most conflicts are resolved through mediation. It is demonstrated, therefore, that judicial mediation is a way to decongest the courts.
Mediation as a job opportunity for lawyers
Due to the imminent application of mediation as an alternative method for conflict resolution in our country, many lawyers are discovering in mediation a new job opportunity, either within your current job or in the search for a new job.
In fact, as a result of training in this discipline, lawyers begin to conceive justice in a different way, directing their work and their fees to contribute to the resolution of the conflict, neutrally interceding between the parties and working to find a common and peaceful solution to the conflict. And you, do you want to work in mediation? Here you have all our specializations, or visit eimediacion.edu.es
