Mediation and the approved agreement

By Mrs. Mª Ángeles Elías Arteaga

Professor of the Master in Mediation and Multidisciplinary Conflict Management

Mediation has a place in the judicial process, as contemplated in article 19 of the Civil Procedure Law, when it provides the possibility that the parties involved in a judicial procedure can reach an agreement that will be approved by the Judge who is hearing of the process and provided that it has been adopted by their will.

Said approved agreement will be adopted through the judicial resolution called AUTO, according to article 206 of the LEC “Orders will be issued when they are decided… judicial approval of transactions, mediation agreements and agreements…”.

It is the Mediation Law itself, which in its art. 25 in fine recognizes the possibility that, if the agreement reached by the parties had been reached after the start of a judicial process, they may request approval from the judge or court under the provisions of the Civil Procedure Law.

When the mediation agreement is approved, we are talking about intrajudicial mediation, that is, the parties, once the judicial procedure has begun, receive the judge's invitation to reach an agreement, without the need to reach the end of the judicial process.

In this way, the mediation agreement is enforceable when it is judicially approved, agreed upon in intrajudicial mediation and putting an end to the judicial process, having the same effectiveness as any other type of judicial executive title.

So much Master in Mediation and Multidisciplinary Conflict Management as the Specialization in civil and commercial fields offered by the International School of Mediation, can help you cover these and other professional areas, allowing you to access the main records.

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