Welcome to Being a Mediator

The open blog of mediation professionals

Civil and Commercial Mediation Course: because there is no problem without a possible solution

 

Be a Mediator returns to the fray to continue spreading and defending the civil and commercial mediation as an alternative way to resolve conflicts applied to a multitude of fields: civil, commercial, labor, neighborhood, family, etc.

Mediation is capable of being present and intervening in many areas of daily life. One of its peculiarities is to encourage communication ties of dialogue that allow establishing favorable conditions so that a conflict can be resolved in the parties' own interest, without the decision being made by a third person unrelated to the problem in question.

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UPO mediators lead the launch of an Intrajudicial Mediation Service in the Family Courts of Seville

This pilot program was born to comply with the provisions of articles 414.1, 440.1, 443 and 770.7ª, among others, of the LEC and under the protection of Law 5/2012 on mediation in civil and commercial matters, it is agreed launch an Intrajudicial Mediation Service in family proceedings in Courts nº 6, nº7 and nº23 of 1st Instance of Seville.

This pioneering program is provided by the Sevillian School of Mediation chaired by the lawyer Javier Alés, in accordance with the report presented by said entity dated November 26, 2013 and in accordance with the specifications contained therein.

Initially and without prejudice to being able to expand the List later or to the parties themselves requesting mediation in other matters not included, the Mediation Service will be offered in the processes, whatever falls under the jurisdiction of these three Family Courts and that the Judge/ to consider susceptible to mediation

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Didactic Foundation extends the registration period to June and opens a new call in September for the Civil and Commercial Mediation Course

The registration period for Civil and Commercial Mediation Course of Didactic Foundation is expanded to the May 30, with the aim of providing capacity to more students in response to the growing interest in training in civil and commercial matters.

The start date of the 1st call will be the June 2, 2014. In addition, there is also an open 2nd call he September 29, 2014, so that all interested parties have more options to take the course and thus be able to obtain their accreditation as a mediator for the Registry of Mediators.

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New ministerial order is published that develops RD 980/2013 and creates the file of mediators and mediation institutions

The Ministry of Justice has taken another step regarding mediation and its state regulation through Law 5/2012 of civil and commercial mediation. It is a new ministerial order, the Order JUS/746/2014, of May 7, which has already been officially published in the BOE on May 9 and has come into force one day after its publication.

The preparation of this order responds to the need to expand and develop articles 14 and 21 of the Royal Decree 980/2013, December 13, which are the following:

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Interview with Virginia Domingo, expert in restorative justice and criminal mediation and president of AMEPAX


"Restorative Justice is a more humane justice, which takes people into account and not just file numbers."

Virginia Domingo She is an expert in restorative justice and criminal mediation, as well as a member of GEMME, coordinator of the criminal mediation service of Castilla y León and also president of the Restorative Justice Institute-AMEPAX. President of the first entity created in Spain dedicated to the study, research and advice in restorative justice, Scientific Society of Restorative Justice. His latest published book is titled "Restorative Justice, much more than mediation", with a foreword by Howard Zehr.

To what types of conflicts is criminal mediation applied?
A: Criminal mediation, in principle, can be applied to any crime regardless of its seriousness. It should be a universal right for any victim regardless of the crime suffered. It is true that to begin with it is advisable to do so with lighter crimes because experience in criminal mediation is very important, perhaps more than in other types of mediation. More than the type of crime and its severity, each specific case should be examined to assess, according to its circumstances, and those of the victim and the offender, whether criminal mediation is viable or not. In minor crimes, criminal mediation would be an alternative, in serious crimes it would be a complement to traditional criminal justice..

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Interview with Virginia Domingo, expert in restorative justice and criminal mediation and president of AMEPAX


"Restorative Justice is a more humane justice, which takes people into account and not just file numbers."

Virginia Domingo She is an expert in restorative justice and criminal mediation, as well as a member of GEMME, coordinator of the criminal mediation service of Castilla y León and also president of the Restorative Justice Institute-AMEPAX. President of the first entity created in Spain dedicated to the study, research and advice in restorative justice, Scientific Society of Restorative Justice. His latest published book is titled "Restorative Justice, much more than mediation", with a foreword by Howard Zehr.

To what types of conflicts is criminal mediation applied?
A: Criminal mediation, in principle, can be applied to any crime regardless of its seriousness. It should be a universal right for any victim regardless of the crime suffered. It is true that to begin with it is advisable to do so with lighter crimes because experience in criminal mediation is very important, perhaps more than in other types of mediation. More than the type of crime and its severity, each specific case should be examined to assess, according to its circumstances, and those of the victim and the offender, whether criminal mediation is viable or not. In minor crimes, criminal mediation would be an alternative, in serious crimes it would be a complement to traditional criminal justice..

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III State Congress for mediation: “Sharing experience, designing profession” in Bilbao

The Auditorium of the University of Deusto (Bilbao) will host the next May 22 and 23 he III State Congress for mediation: “Sharing experience, designing profession”. A space dedicated to debate, reflection and the sharing of opinions, ideas and professional experiences on the civil and commercial mediation In our country.

The journeys offer the opportunity to know the application of mediation in very different areas and also offers a personal approach to those mediation professionals who currently carry out their professional tasks in this field.

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Cities through mediation

The mediator Alicia Pérez already advanced it in her previously published article about the social mediation as a fundamental basis for citizens when it comes to resolving their conflicts, with special emphasis on preventing situations that may destructure the social and/or family environment. This week we leave you with an interesting article that reflects on the importance of neighborhood mediation and the responsibility of local administrations:

Article written by: Ángel B. Gómez Puerto, jurist specialized in Family Mediation from the University of Córdoba (UCO).

I recently participated in a seminar on the “culture of agreement” in the Sevillian district of Triana, organized by the association that manages the mediation service in this Sevillian neighborhood. This is a novel municipal service, which has been operating as a “pilot” experience since February 2013, and which focuses its activity fundamentally on neighborhood mediation. Actually, I found it very interesting, a good practice to extend.

In the city of Córdoba, little by little the culture of mediation is taking hold, although for now only in professional fields., not neighborhood or social. Thus, last year 2013, almost one hundred professionals from law, psychology or work/social education developed the specialization course in Family Mediation at the University of Córdoba. And a few days ago the Course of Civil and Commercial Mediation that we are studying around ninety jurists from the Córdoba Bar Association.

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Mediation is on the radio

The mediation  It is even closer to the average citizen, so that conflict resolution is carried out through "agreements" and both parties always benefit without going to court.
If a few weeks ago we reported a casting of mediators for a new television format based on mediation, now it's the radio's turn. And it is that Radio 5 of RNE has its own space dedicated to mediation.

'MediAction. A space for conflict resolution is the program in question, directed and presented by journalist Juan Ballesteros and Isabel Ralero, president of the NGO Intermedi@cción. In it journalism is combined with social mediation, through the analysis of cases sent by listeners to then give the keys on how to positively confront and resolve all these various situations of disagreement in everyday life.

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Interview with Miren Josune, president of the Basque Mediation Association and author of the book 'How to mediate in civil and commercial matters?'


"The mediation in companies it saves time and money costs, in addition to maintaining relationships with the client or supplier.

Look at Josune Real She is an expert in Commercial Law, president of the Basque Association of Mediators (Bitar Bask), director of the legal area of Garrébil and author of the book How to mediate in civil and commercial matters? In the interview he talks to us about mediation in companies and what differentiates commercial mediation from the rest. He also tells us the advantages of mediation for a company in terms of conflicts that can damage the image and give bad publicity. In addition, he tells us what his book on civil and commercial mediation is about.

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