The Minister of Justice, Rafael Catala, revealed yesterday in Parliament that he does not rule out improving the legislative framework to incorporate “the obligation” for the parties to undergo information sessions, agreed upon by a judge, to promote mediation, although in the end it will be possible to opt for that route or by the judiciary.
Catalá assured, responding to the 'popular' deputy Avelino from Barrionuevo, that reducing litigation is a good objective but it is also good to promote a culture around agreement in Spanish society as a whole, which is why it is understood that mediation has a “fundamental” role.
Catalá's intention is along the lines of introducing the "multi doors" system in the Spanish justice system, developed in Washington DC and later replicated in many countries, in which the user chooses the alternative to the solution to their conflict, whether through mediation, conciliation, arbitration or traditional justice.
The concept was first formulated in the seventies by the professor of Harvard, Frank E.A. Sander, in the “National Conference on the causes of popular dissatisfaction with the administration of justice”, organized by the Supreme Court Judge of that time, Warren Burger and carried out in April 1976.
On that occasion, Professor Sander described what for him the courts should be around the year 2000, pointing out that by that date they should not be just a court but rather a “Dispute Resolution Center.”
In this center, the applicant would be channeled through an official in charge of analyzing the case and redirected to the most appropriate process or sequences according to its nature.
Since then, the concept has been successfully implemented in several states in the United States and is being introduced in several Latin American countries.
In this regard, the Minister of Justice has called on those responsible for the legal sector to work to "create opinion" and has proposed carrying out information campaigns to promote intrajudicial mediation and convey the message to citizens that it is a solution. “possible and even desirable.”
“There, the Autonomous Communities and the General Council of the Judiciary have a lot of role to play,” the minister explained in his response and added that the search for agreed solutions that are not necessarily litigious seems to him to be a good line of work for the future.
The Minister of Justice specifically referred to Law 5/2012 on mediation in civil and commercial matters, which puts on the table, he said, the “appropriate regulatory tools” without prejudice to the possibility of promoting a “small reform” based on the experience, leaving the door open to a legislative modification in relation to this issue.
NEW MEDIATION CULTURE
On December 5, Catalá will appear before the Justice Commission of the Lower House to present the lines of action of this legislature before the parliamentary groups with which he will seek consensus on many matters, including intrajudicial mediation.
“Today there are 2,500 mediators in Spain and 1,350 bankruptcy mediators in the Justice Registry. We have taken steps in that direction and working on mediation means reforming democratic values, giving a new culture to Spanish society and we will be committed to this throughout this legislature,” he stated. CONFILEGAL/EP.
TRAINING TO BE A MEDIATOR
The International School of Mediation, Mainfor and the Rey Juan Carlos University have convened the 33rd promotion of the University Course on Civil, Commercial and Family Mediation for the access to the registry of mediators of the Ministry of Justice, for the next one September 13, 2018. All interested parties can make their reservation online on the website www.eimediacion.edu.es and enjoy a 15-day trial without obligation.
Source: ConfiLegal
News Link: https://confilegal.com/20161201-ministerio-sesiones-informativas-mediacion/
