Over the last three years, I have been telling you about the evolution of the Bill of
Procedural Efficiency, since its publication would mean a vitally important step in our
profession as mediators.
Mediation as a prerequisite to the start of a judicial process
Finally, with regard to the use of the media prior to going to court,
appropriate for non-jurisdictional dispute resolution such as mediation, finally
We have its materialization in a Law.
The BOE of January 3, 2025 published Organic Law 1/2025, of January 2, of measures in
matter of efficiency of the Public Justice Service, which comes to respond to the need
to overcome the traditional model of the existing single-judge court that was already present in
the 19th century, and which responded to the needs of a society that, at the time, could
be described as essentially agrarian, dispersed, poorly communicated and with great limitations
mobility that has nothing to do with today's Spanish society, in order to adapt the
Administration of Justice to the current social situation through a judicial organization that
operate in a collegial manner.
Title II of the Law contains a large block of reforms, including those related to mediation.
In its Chapter I, they are introduced into our legal system, alongside the own
jurisdiction, others appropriate means of resolving disputes in non-jurisdictional proceedings,
as essential measure for the consolidation of a public justice service
sustainable.
Making clear the indisputable constitutional importance of the exercise of power
jurisdictional by judges and courts, with the introduction of these mechanisms, already
consolidated in comparative law, the maxim of the Enlightenment and the process is fulfilled
encoder: that before entering the temple of Justice, one must pass through the temple of
concord. Indeed, It is about promoting negotiation between the parties, directly or before
a neutral third party, based on the fact that these means reduce social conflict, avoid
the overload of the courts and may be equally suitable for the resolution of the
the vast majority of disputes in civil and commercial matters.
The public justice service must be able to offer citizens the most appropriate route
to manage your problemIn some cases it will be exclusively the judicial route, but in many
others will be the consensual way the one that offers the best option. The choice of the most
appropriate dispute resolution, brings quality to Justice and reports satisfaction to the
citizens. In this context, the reasons of the parties for their decision become important.
build dialogued solutions in shared spaces.
With this Law, the aim is to recover the negotiating capacity of the parties, with the introduction of mechanisms that break the dynamics of confrontation and tension that
invades social relations in our times.
The provisions of this title apply to civil and commercial matters, including
cross-border conflicts.
For the matters provided for in article 5.2 of the Law, it will be required as REQUIREMENT OF
PROCEEDABILITY, for the claim to be admissible, you must first resort to some means
appropriate dispute resolution as provided for in Article 2 of the Law.
Although there are some exceptions provided for in the Law itself, the entry into force is
provided for in DF 38th, which states that it will enter into force 3 months after its publication, is
That is, on April 3, 2025, so we will soon begin with the implementation of
This system welcomes mediation as a basic means for resolving disputes.
conflicts.
