The courts of Ciudad Real are already prepared to begin carrying out intrajudicial mediation procedures, “although for the moment only in the civil sphere,” according to the president of the Provincial Court, María Jesús Alarcón, in the implementation meeting held before judges, lawyers and the staff of the various accredited mediation associations.
However, this is only the first step; It is the first time that intrajudicial mediation has been established in the province and it is intended that there will also be intrajudicial mediation in criminal matters. Other communities such as the Basque Country or Catalonia have already been offering mediation services from the administrations for ten years.
As previously established in a protocol, the first instance judges will be in charge of referring to mediation those cases that are potentially mediable, provided that the will of the two disputing parties exists.
Once the case has been referred to mediation, the mediators will then conduct an initial interview with the affected parties and offer them a free information session, so that they know the “rules” of the procedure.
For mediation to take place, the disputing parties must agree to resolve their conflict through mediation, without the need for the judge to intervene. From then on, the process continues privately and upon payment, with amounts much cheaper than those of an ordinary judicial procedure.
The legal professional sector of Ciudad Real is convinced of the numerous benefits and advantages that a system such as mediation can provide to decongest the courts of minor matters. Mediation stands out for being a voluntary and confidential process based on dialogue, allowing the parties themselves, and not a judge, to reach a mutual agreement that satisfies their interests.
