On November 7, the CGPJ (General Council of the Judiciary) presented the “Guide to the practice of intrajudicial mediation”. This new guide includes the legal regulation of intrajudicial mediation both nationally and internationally, and also details the mediation protocols in the following areas: civil, family, criminal, labor and administrative litigation.
The guide update It is further proof of the strong connection of the CPGJ with intrajudicial mediation, and It necessarily arises as a result of the legislative changes carried out and also as a consequence of the experiences lived in courts and tribunals.
The CGPJ has recently worked in the field of intrajudicial mediation from various perspectives and through different mechanisms:
–Provide judges with proven and safe guides implementation of mediation in the process. To this end, years ago he took care of systematizing the results and conclusions of the various pilot experiences organized in the various jurisdictional orders and bringing together the most prominent experts from the different branches of law, who participated in them to share them with those who decide to use this methodology. in their judicial tasks. This is how the first protocols approved by the Plenary Council in 2010 were born.
–Address intrajudicial mediation from all jurisdictional areas. Shortly after, in 2013, given the need to address intrajudicial mediation from all jurisdictional areas, a guide was created, which contained not only referral protocols, but also more complete practical information, introducing new legislative changes and experiences. lived in the matter.
What aspects are covered in the new guide for intrajudicial mediation?
The guide points out that an effective and efficient Justice system requires the implementation of mediation services in the Spanish Courts. Therefore, it is considered necessary that the Spanish Courts have a panel of mediators who should have accredited their knowledge and experience in the Court, mediators who should assume the commitment to administer mediations in cases where appropriate for the benefit of justice. free or under a fee system and would have the right to have the provision of mediation services in the Court environment certified in any case.
For an effective implementation of mediation services connected to the Court, the guide proposes two alternatives:
1) A judicial unit managed from the common services of the Courts, or from the Deanship or Presidency of the Court, headed by a Lawyer from the Administration of Justice or Manager, with specific mediation training.
2) If there is no service or unit in the common area of a court and as long as they are not developed, it will be in the Secretariat of the Deanery or the Secretariat of the Presidency of the provincial or regional Court where there will be a list or panel of mediators, who must meet the training and experience requirements determined in each case and the mediations derived from the Courts and Chambers will be distributed among them, and the mediator assigned in each case to the requesting Court must be communicated by the Dean or Secretary of the Presidency.
It should be noted that intrajudicial mediation is not an alternative to the process, but is inserted into it and is deployed under judicial control, with full respect for substantive norms as well as the system of procedural guarantees in all jurisdictional orders.
