Catalonia is ahead of national legislation and in order to comply with the mandate given in Directive 2008/52/EC of the European Parliament and of the Council, of May 21, on certain aspects of mediation in civil and commercial matters.
The reason for these modifications is the assessment of the European Commission, which has already highlighted that neither the information available on websites, nor information brochures, nor information events, nor personal visits to jurisdictional bodies have proven to be sufficient practices. to motivate the parties, legal professionals and jurisdictional personnel to use mediation, so that an intensification of these efforts is required to enhance mediation, especially in the field of family conflicts, and especially in those that affect minors, taking into account their best interest, establishing the mandatory nature of the previous session on mediation, except, logically, in cases in which recourse to mediation is legally excluded.
In relation to mediation, the rule establishes modifications in two texts: the second book of the Civil Code of Catalonia, relating to the person and the family, and Law 15/2009, of July 22, on mediation in the field of private law. .
In both, it is made explicit that mediation is mandatory when it has been expressly agreed upon prior to the exercise of judicial actions, and includes that attendance at the previous session is mandatory in the legally established cases, agreeing that unjustified lack of attendance It is not subject to confidentiality and must be communicated to the judicial authority. Furthermore, if agreed by the parties, who must be heard, the session can be extended to explore the conflict that affects them. (The previous session would be equivalent to the information session that was mentioned in the forgotten Draft Law to Promote Mediation).
It also highlights the obligation of registered professionals to inform their clients about mediation and other conflict resolution formulas and to try to resolve conflicts that they may have in the exercise of the profession with their clients or colleagues or with other people through mediation or other extrajudicial forms of conflict resolution, such as negotiation or conciliation, to give an example, which is another of the objectives entrusted to the Private Law Mediation Center of Catalonia, which not only changes its name by the Mediation Center of Catalonia, but will also promote and administer other alternative methods of conflict resolution, in addition to mediation.
These changes, along with others not mentioned, will be what we are going to debate tomorrow, taking into account that some modifications made in Catalonia will have repercussions throughout the state.
Are these really new times for Mediation? We'll see.
On the occasion of the recent entry into force of LAW 9/2020, of July 31, modifying the second book of the Civil Code of Catalonia, relating to the person and the family, and Law 15/2009, on mediation in In the field of private law we had the opportunity to share a webinar with Mr. Jordi Casajoana, founding partner of IMI and teacher of the Master of Medication at EIM – International School of Mediation, and Mrs. Blanca Barredo Gutiérrez, lawyer and professional mediator at IMI teacher from the Master of Medication at EIM – International School of Mediation.
Couldn't attend? Would you like to see it again?
Don't worry, we leave you the link to the video that you can find on our channel. Youtube:
