We have previously mentioned the advantages of promote arbitration and mediation as a faster alternative to the courts, but it is worth considering whether mediation is really being successful for practical purposes in terms of reducing judicial logjam. Does mediation manage to decongest the courts?
According to the data, Spain is the 4th OECD country with the highest litigation rate per person, and there is also below the European average in terms of number of judges per inhabitant. This is an indication that reflects a reality: judicial delays and traffic jams in Spanish courts with cases to be resolved.
To combat this situation, the authorities promote a possible partial solution: mediation, which, although it still has a relatively low weight within the judicial system, its use has been increasing exponentially in recent years.
Mediation stands out for being able to be applied in both criminal and civil conflicts, although in our country it is used on a greater number of occasions to resolve cases related to the family where personal and emotional issues come into play (such as, for example, divorces). ).
However, the use of mediation is not widespread among general society, so The practice is encouraged by magistrates in the investigation phase, who suggest the parties go to mediation processes before continuing with the procedures of ordinary trials. This is what is known as intrajudicial mediation.
According to the intrajudicial mediation data provided by the CGPJ, in 2015 there were 1,383 cases of family mediation in Spain, 1,881 of criminal mediation and 104 of civil mediation. On the other hand, calculations by the Institute for the Dissemination of Mediation (IDM) reveal that in 2016 in the Community of Madrid more than 1,000 mediation processes were carried out in different areas, of which 90% were intrajudicial.
The figures corroborate that mediation is playing an important role in decongesting the courts. But what the IDM intends is to go one step further and increase access to mediation in a prejudicial manner, and for this it is essential that citizens know in advance the option of mediation as an alternative to the traditional judicial route.
The member of the CGPJ, María José Sáez, stated in a conference recently organized by the IDM that the current regulations are “few, but sufficient” for the full use of mediation, and that to continue to be successfully implemented, the collaboration of “ all actors participating in the Administration of Justice.”
