Conducted by Ms. Mª Ángeles Elías Arteaga, expert teacher of the Master of Mediation and Multidisciplinary Conflicts in EIM – International School of Mediation
To talk about the effectiveness of mediation according to Jurisprudence, we must say that it is a set of resolutions, decisions and sentences issued by the Supreme Court and that create the guideline to resolve similar legal conflicts. As stated by the RAE, it is a “criterion on a legal problem established by a plurality of concordant sentences”.
It is increasingly common to understand the effectiveness of mediation, which implies being respected and accepted by the parties, with jurisprudence itself understanding that mediation is a means of conflict resolution and, as such, seeks to reach an agreement. agreement that benefits the parties.
There are many rulings that clearly and concisely express that the solution may be very different in the event that the parties submit the conflict to mediation, as for example occurred in STS 07/03/2009, regarding mortis transmission. cause of the action to revoke the modal donation.
In most cases, there is a major family confrontation and this causes not only a long process, but also an economic consequence, as there is a loss of inherent property, so that, if mediation is used, all of this could be be avoided, since less traumatic solutions can be reached than the process.
In reality, the agreement reached would be less detrimental to the parties, since in mediation the parties attend voluntarily and they are the ones who decide, and not the decision of a judge after the application of a legal rule.
For all this, it must be concluded that the Supreme Court expressly rules on the effectiveness of mediation, taking into account a criterion of necessity and agility, thus avoiding problems between the parties that give rise to other major problems that are equally harmful to the participants. .
If you want to work as a mediator, there are many options offered by the International Mediation School, allowing you to access the main records, such as the Master in Mediation and Multidisciplinary Conflict Management or the programs Specialist in Civil, Commercial and Family Mediation and Civil, Commercial and Family Mediation Expert
With all of them we will help you in your professional objective as a mediator.
