Mediation, the key to a new model of justice: a legal paradigm shift

1. From litigation to settlement
2. How does this work?
3. An opportunity for lawyers and professionals
4. The judicial system has collapsed
5. Un cambio cultural need

With the latest approval Ley Orgánica de Eficiencia ProcesalSpain began to make fundamental changes in the judicial system. Este nuevo marco legal, que entrará en force el próximo marzo, coloca mediation as a previous step before resorting to the courtslo que aliviará el collapse de la justicia y fomentará la la resolution Pacifica de conflicts. Jesús Lorenzo, director Spanish Mediation Association (ASEMED), the transformation desglosa las claves de esta transformación.

From litigation to settlement

“Before entering the Temple of Justice, you have to pass approval,” Lorenzo explains, referring to the law that promotes them. Medios Adequados de Solución de Controversias (MASC). In order to resolve conflicts, it is necessary to cancel the court decision.Try mediation before filing a claim. “This will allow many cases to be resolved quickly, at lower costs and, above all, with less emotional distress,” he said.

Illness, heterocomposite methods are traditionally the legal dominaban el panorama in Spain. Although mediation is regulated by Law No. 5/2012, era voluntaria y marginal and comparison. Divorce or divorce, there are disputes, disputes between partners who initially argue in the process of dialogue.

How does this work?

Mediation organization is established in the new system certificate que las partes han intentado llegar a un acuerdo antes de acudir a los juzgados. Lorenzo: “Disputes on the issue should be decided by a mediator before going to the courts.” If the attempt fails, the relevant reference will accompany the request in court.

Not only is this process faster—it can be resolved in a month, compared to the years that a trial can take—but also es más económico. According to ASEMED, 70% to 75% of mediation cases are concluded with a satisfactory agreement.

An opportunity for lawyers and professionals

The role of lawyers will be crucial in the implementation of this lawas they will be responsible for informing their clients of the obligation to attempt mediation. Además, Lorenzo destaça que está normative abre nuevas salidas professionales para lawyers, psychologists, workers social y other specialists que deseen formarse como mediatores.

“Esto no es algo improvise,” he stressed. “Let's go After 12 months working with tools and mechanisms to offer un proceso professional y humanoque respect los derechos y emociones de las persons”. As the first mediation institute in Spain, ASEMED leads these efforts, training communication and conflict resolution professionals.

The judicial system has collapsed

This is one of the main drivers of this reform The collapse of the Spanish judicial systemque manaje casi tres milliones de casos a year. “Not only is litigating a dispute, especially on familiar or economic issues, expensive and slow, it also strains the relationship between the parties,” Lorenzo commented.

El nuevo modelo busca evitar que las requirements se viertan en declaraciones de guerra acquaintance, social or friends. Embargo of guilt, the law also includes mechanisms to ensure the good faith of those involved in the process. “Mediation can be used simply for the sake of using it, which can ultimately lead to negative consequences,” he warned.

Un cambio cultural need

Lorenzo admits that he is very beautiful un reto mine. “He is used to finding a solution in the courts, but then he prepares for dialogue and search. solo last option“, explain.

Los judges, señala, han recibo este cambio con optizm, conscientes de que This will relieve pressure on the courts. The success of the guilt embargo model will depend on the cooperation between all the actors involved: mediators, lawyers, judges and, above all, citizens.

“Es un cambio de paradigma”Lorenzo concluded. “Dejamos atrás la idalization is the first response and prefers a more humane and efficient approach. Resolving conflicts verbally is the future“.