Last Friday, July 24, has become a relevant date for mediation, since the Parliament unanimously approved a bill to establish the mandatory nature of a mediation session prior to a judicial procedure in the family environment, especially when minors are involved in the case, with the objective of "achieving an agreement and except in cases of violence sexist".
This new law contemplates “the obligation to undergo mediation prior to the presentation of judicial actions when it has been expressly agreed upon, and on the other hand, it opens the door so that once the judicial process has begun, the judicial authority can refer the parties to a prior session on mandatory mediation.” The law establishes that unjustified non-attendance at the mandatory previous session will not be subject to confidentiality, and must be reported to the judicial authority.
By contemplating the possibility that spouses can include in the regulatory agreement agreements for submission to mediation and other alternative conflict resolution mechanisms, ADR (Alternative Dispute Resolution) is also present. Without a doubt an improvement in coverage with the approval of the change in the Civil Code of Catalonia.
Another modification that the new rule represents affects Law 15/2009 on mediation in the field of private law and states that in the previous session on mediation the cost is assumed by the Department of Justice, it is mandatory in the legally provided cases.
Likewise, it reinforces compliance with the deontological function of the Professional Associations of mediation with respect to the Members who exercise it, adding the function of ensuring that the group of members fulfill the obligation to inform their clients about mediation.
Through the new law, the purpose of the Mediation Center is expanded, which now extends not only to promoting and administering mediation, but also to the promotion and administration of other alternative dispute resolution (ADR) methods; Finally, the name Center de Mediació del Dret Privat de Catalunya changes to Center de Mediació de Catalunya, a name that is clearer and more in line with the functions attributed to the Department of Justice and the Center itself, and more consistent with the fact that mediation and other analogous methods are used, or can be used, in all areas and also in any of the jurisdictional orders.
For her part, the Minister of Justice of the Generalitat, Ester Capella, has pointed out that mediation represents a transformation in the conflict management system and "abandon the culture of confrontation to land in the culture of negotiation, dialogue and agreement."
«Mediation is for us all to learn to live differently and to resolve our differences in a more dialogue-based way, with each of us being part of the solution to be able to continue with our lives.», has said.
Now more than ever, it is time to differentiate yourself from the rest by adding mediation as an added value when choosing a professional profile.
Adapt to this new reality and expand your field of action: train and work in mediation.
