The changes brought about by the Organic Law on Efficiency Measures for the Public Justice Service have had a major impact on our legal system, directly affecting mediation and shaking up virtually all regulatory sectors.
A legal tsunami that, on the positive side, places alternative conflict resolution systems as a priority , thus the provision of the process allows for submission to "mediation or any other appropriate means of dispute resolution"
The aim, says this legal text, is to alleviate the burden on the courts by promoting out-of-court settlements and fostering a culture of peaceful dispute resolution.. In line with international trends in countries such as France, the United Kingdom and the United States, where MASC (mediation, conciliation, arbitration and collaborative law) have proven to be effective in improving judicial efficiency.
The use of appropriate means of dispute resolution is limited to civil and commercial matters, including cross-border conflicts when at least one of the parties is domiciled in Spain and the negotiation activity is carried out in Spanish territory.
MASC will be mandatory in both civil, commercial and social jurisdictions. Both in commercial disputes, as well as in mortgage contracts, loans, claims for abusive clauses, consumer conflicts, horizontal property litigation and urban leases.
For the first time in the history of our justice system, MASC are positioned at the center of the judicial process.
The new rule goes much further than simply promoting a culture of dialogue or peace, since it is configured as a requirement for admissibility, that is, as a prior accredited step to the filing of legal claims, and there must be an identity between the object of the negotiation and the object of the litigation, even when the claims to be exercised in each case could vary in the judicial process.
It may be carried out upon request by one or both parties by mutual agreement, or by referral from the court through a judicial resolution or by the Clerk of the Court of Justice, and in the event that the system to be followed is mediation, the presence of the parties' lawyer at the sessions will not be mandatory, but when one of the parties wants one to attend, they must notify this so that the other party can decide whether or not to avail themselves of legal assistance in the same sense within a period of three days.
The effects on the process of the intervention of the mediator will suspend the prescription and expiration periods from the request for mediation, lifting this suspension in the event that within 15 days the constitutive act is not signed, with the final act being the one that lifts the suspension in the form
It's time to advance your professional career in the field of medication
You want to learn first-hand about the most relevant developments in this area, differentiate mediation from other appropriate dispute resolution systems, learn about the effects generated by the opening of a MASC, how the admissibility requirement can be accredited, and the deadlines for filing a claim, how the final agreement should be, its documentation, confidentiality, the relevance of telematic means, and the consequences of the lack of voluntariness in the negotiation and in the new concept of "abuse of the public service of justice" ...
The new law, which includes various procedural reforms, comes into force in three months. However, the establishment of the courts of first instance and the judicial offices that will serve the new organisation requires the approval of a development regulation, for which the Government has a period of six months.
For all these reasons, it is time to take a big step in your career as a mediator. … the EIM launches an expert update course in Mediation to resolve all your doubts, certify your sufficiency in content, to carry out the mediation work with total security, edited by experts in the field of qualified prestige.
You can see more details in the interview with the general director of EIM on Capital Radio on the occasion of the new law, in this post on LinkedIn
