New mediation law in the Valencian Community to avoid the courts
The Department of Justice of the Valencian Community has already begun the public information process for the draft of the new Community mediation law, whose standard includes 47 items so that conflicts between citizens do not end up in court.
Currently there are many types of conflicts that do not end up in court and are resolved through alternative means, such as mediation in this case.
What is included in the new draft law?
This draft bill, structured in a preliminary title, five titles, an additional provision, a transitional provision, a repealing provision and two final provisions, contemplates the following:
- The creation of the Mediation Center of the Valencian Community, the body that will regulate the Registry of Mediating Persons and Entities of the Valencian Community.
- The formation of a mediation advisory council, chaired by the person in question from the Department of Justice.
- Sanctions in case of non-compliance of the duties established in the law itself. For minor infractions, the sanction will consist of a written reprimand or temporary suspension of up to two months of the status of mediator; up to a year if they are serious; or up to three years if they are very serious.
The law also states that the personal nature of mediation “will not be an obstacle for it to be developed, in whole or in part, through electronic means”.
Furthermore, in a mediation process “translator or interpreter personnel may be present to facilitate communication in the sessions,” thus covering the needs of people with disabilities or expression difficulties.
The draft also highlights the role of town councils and incorporates actions to promote the use of mediation in cooperation with the Ministry. In this way, municipalities will be able to establish mediation activities and services in accordance with their powers and within the framework established by law.
Refering to mediator training, people who wish to dedicate themselves to mediation must overcome specific training courses taught by training entities (whether public or private), ensuring “the learning of the legal framework of mediation, of the legal consequences of the agreements reached.
In this sense, mainfor and the King Juan Carlos University On March 13, 2017, they will begin the 19th promotion of the university civil, commercial and family mediation program, from toaccess to the registry of mediators of the Ministry of Justice and that accredits for work as a mediator Throughout the national territory.
Finally, in the Justice proposal it is worth mentioning that it also free mediation is recognized and “those people who request it and meet the criteria will have the right to free mediation,” which will at least be the same as those currently marked to access free Justice.
What is the objective of the new law?
The new legislative measures seek promote mediation in the Valencian Community as a method based on the culture of peace, dialogue, participation, recognition of the other and the regeneration of social ties.
Ultimately, it is intended establish a general and common regulatory framework for mediation and mediators, making the mediation process available to citizens as part of the right of access to Justice (either intrajudicially or as an alternative to the courts).
With this draft law, the department led by Minister Gabriela Bravo aims to promote “quality mediation, capable of resolving conflicts that may arise in a modern and complex society, like ours.”
