What do we do with the mediation agreement?

The mediation agreement may deal with part or all of the matters submitted to mediation.

In it mediation agreement The identity and address of the parties must be stated, the place and date in which it is signed, the obligations that each party assumes and that a mediation procedure has been followed in accordance with the provisions of this Law, with an indication of the mediator or mediators who have intervened and, where appropriate, of the mediation institution in which the procedure has been developed.

The agreement must be signed by the parties or their representatives and one copy will be delivered to each of the parties, with the mediator reserving another for its preservation.

But what can the parties do with the agreement? What options do they have?

The mediator must inform the parties of the binding nature of the agreement reached and that they can request its elevation to a public deed in order to configure their agreement as an executive title. The parties must also know that, when there is an open judicial process, they can request approval from the court.

According to the above, the parties can:

1. When there is no open judicial process:

1. End the mediation and preserve the agreement. In this case, the mediation agreement will not be configured as an executive title, and therefore in the event of non-compliance by one of the parties, the other will not be able to request its execution before the courts. However, you may go through a declaratory process.
2. Upload the agreement reached after a mediation procedure to public deed.

The mediation agreement will be presented by the parties before a notary accompanied by a copy of the minutes of the constituent and final session of the procedure, without the presence of the mediator being necessary.

To carry out the elevation of the mediation agreement to a public deed, the notary will verify compliance with the requirements of Law 5/2012 and that its content is not contrary to Law.

In this way, the mediation agreement will be configured as an executive title.

When the mediation agreement was recorded in a public deed before a notary, in the event of non-compliance by one of the parties, the other may request the execution of the agreement before the Court of First Instance of the place where the mediation agreement was signed.

2. When the agreement has been reached in a mediation carried out after initiating a judicial process:

• A) The parties may request approval from the court, in accordance with the provisions of the Civil Procedure Law. In this way, the mediation agreement will be configured as an executive title. When the mediation agreement was judicially approved, in the event of non-compliance by one of the parties, the other may request the execution of the agreement before the court that approved the agreement.
• B) The parties may communicate to the court their request to withdraw or resign. If the Judge agrees, because the necessary requirements and conditions are met, the procedure will be archived. Once this is done, the parties will have the same options provided for when the mediation takes place without there being an open judicial process.