The law on court fees and the advantages of going to a mediator

Since December 17, 2012, citizens who make use of the right to effective judicial protection must pay certain fees, varying the amount for each specific case. This measure was published in Law 10/2012, of November 20, although different coordination problems between the Ministry of Justice and the Ministry of Finance caused its entry into force to be delayed. Until then, these types of fees were only paid by companies with more than eight million in turnover per year.

Many groups have demonstrated against this measure, considering it an attack on the Fundamental rights. Lawyers, judges and unions have staged numerous rallies in front of courts throughout Spain. However, in the law promulgated by the Ruíz Gallardón ministry, difference between the right to effective judicial protection and the right to free justice. It means that from the moment the Constitution entrusts legislators with the task of regulating the scope, or the limits to which this free justice reaches, it is being given to understand that citizens can be asked to pay for access to the justice, in the cases stipulated by the new legislation.

Advantages of going to a mediator

In this situation, there are many advantages offered by the alternative of mediation as a procedure to resolve conflicts without going through the courts. The first of these advantages is the economic savings it represents, since it avoids paying fees in addition to other expenses inherent to judicial processes. Furthermore, in a mediation process friendly relations between both parties are usually maintained, something that does not usually happen when it is reached to the end through judicial means. And finally, in those cases that have already been resorted to the courts, the fee law provides that a 60% of the amount of the fee will be returned when an extrajudicial solution to the dispute is reached, for example, through mediation. .

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