Law 5/2012 on civil and commercial mediation is more than a year old

III Courts and Mediation Symposium:

Balance of one year of validity of Law 5/2012, of July 6, of civil and commercial mediation

The regulations that regulate mediation in civil and commercial matters came into force on July 27, 2012, and since then the efforts on the part of legal professionals and mediators have been aimed at promoting mediation and ensuring that it continues to this day. talking about her more and more. And the truth is that, little by little, mediation is establishing itself in our country and is consolidating as one of the most suitable and favorable alternative conflict resolution methods to ordinary justice for the parties involved, in addition to helping to decongest the courts.

Proof of the degree of maturity reached by mediation is the celebration of the III Courts and Mediation Symposium in Madrid on September 26 and 27, organized by the European Group of Magistrates for Mediation in Spain (GEMME Spain), under the title “Balance of one year of validity of Law 5/2012”. More than 700 professionals from all over Spain will meet to analyze results of real cases and pilot experiences, establish protocols and develop codes of good practices, something essential to contribute to improving the mediation system.

The president of GEMME Spain and judge of the Supreme Court, María Lourdes Arastey, makes it clear what the objectives of the day of debates are: “With this III Courts and Mediation Symposium It is intended that society as a whole and, especially the professional legal sector, know and use these alternative methods of conflict resolution. The great challenge, after the end of the symposium, will be the quality of the mediation.” So it is necessary to insist on develop and disseminate mediation, not only among society but also within the courts themselves, so that it is the judges who suggest the referral of certain cases that can be resolved by a mediator.

There is still a long way to go, as it is necessary continue promoting the culture of mediation so that it can be present in all citizens and thus be aware that they have a new tool when facing a conflict, such as mediation, based on pacifism, speed (reducing the duration of long judicial processes that can wear out and emotionally affect the parties), lowering costs and mutual agreement. These advantages and positive values, together with greater dissemination by the media, will undoubtedly predict a long life for mediation.

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