Mediation pilot project
The Minister of Public Administrations, Justice and Security, Julio Pérez, presented last Friday, November 27, the implementation of a mediation pilot project for the amicable resolution of conflicts in the commercial field, event held at the headquarters of the Official Chamber of Commerce, Industry, Services and Navigation of Gran Canaria. Also attending were the Deputy Minister of Justice, Carla Vallejo, the president of that institution, José Sánchez Tinoco, and its general secretary, Luis Padrón.
The initiative is subsidized with 18,232 euros contributed by the Ministry of Public Administrations, Justice and Security. It is expected to last until April 30, 2021, a period in which the aim is to satisfactorily resolve at least 28 of 50 processes. If the assessment by then is positive, it could be extended and extended to the rest of the Archipelago.
The counselor indicated that the Ministry is committed, in line with the mandate contemplated in the Statute of Autonomy of the Canary Islands, to promote extrajudicial conflict resolution mechanisms with the implementation of this initiative in one of the areas that, most intensely, is experiencing the consequences of the health crisis.
Pérez explained that his impulse would contribute to relieving the pressure that the judicial bodies receive in the matter. In this regard, Vallejo indicated that each commercial court addresses, on average, about 600 cases a year, which explains the importance of this project.
Furthermore, he alluded to a political and moral argument in support of mediation: The best solution to social conflicts is not always that they are resolved through combat at the end of which there is a winner and a loser, but rather it is better, and more easy to execute, by agreement between the parties. Justice and security are also served through mediation, he stressed.
In this sense, Pérez indicated that it is necessary to have an agile structure that responds to existing conflicts between the parties. For this reason, the Ministry is committed to promoting extrajudicial conflict resolution mechanisms through recourse to mediation, which is an instrument that allows the parties to obtain a consensual and non-traumatic solution to their conflict, and one that is much easier to execute. He pointed out that this is a faster and cheaper formula than a judicial process that also concludes with a sentence that requires execution, while the same does not happen in mediation.
In this way, he emphasized, it is possible to lighten the load of the commercial courts, to which Vallejo added that, in the case of the province of Las Palmas, it almost doubles what is considered the maximum adequate load by the General Council of the Judiciary. .
The mediation pilot project, carried out in coordination with the two commercial courts of the province, provides that these judicial bodies can refer processes in which both parties are involved to the mediation service of the Official Chamber of Commerce, Industry and Navigation of Gran Canaria. entrepreneurs and have their domicile on the Island, as well as those processes referring to industrial property procedures in which the commercial courts of Las Palmas have jurisdiction throughout the Autonomous Community.
It will be the judicial bodies who decide which processes should be referred to mediation, informing the parties of the existence of this process, which will be completely free of charge for them.
For its part, the Chamber of Commerce will be in charge of appointing mediators and acting as an interlocutor with the judicial bodies. Likewise, you may also activate extrajudicial mediation services, in which the parties go directly to the Chamber to resolve their conflict when it has not been judicialized.
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