Notizie
16-07-2012
Law 5/2012 Mediation in civil and commercial matters
On July 6, 2012 the Law 5/2012 on Mediation in Civil and Commercial Matters was approved (published in the Official Gazette No. 162 of July 7, 2012). The law will go into effect next July 27 (twenty days after its publication in the Official Gazette).
This Act is to regulate the institution of mediation as a means of dispute resolution in civil and commercial matters and incorporates into Spanish law of Directive 2008/52/EC. The processing was performed using parliamentary bill for the emergency procedure. And is repealed Royal Decree Law 5/2012 of 5 March, of mediation in civil and commercial matters.
Establishing mediation as a means of settling disputes in which two or more parties themselves voluntarily attempt to reach an agreement with the intervention of a mediator, neutral professional who facilitates the resolution of the conflict in an equitable manner, allowing the maintenance of underlying relationships and retaining control over the end of the conflict.
This Act applies to mediation in civil or commercial cases, including border disputes, provided they do not affect rights and obligations that are not available to the parties under applicable law. In the absence of express or tacit submission to this Act, the same shall apply when at least one party is domiciled in Spain and the mediation to be conducted in Spanish territory.
Matters excluded:
1. Criminal Mediation.
2. Mediation with public administrations.
3. Labor mediation.
4. The consumer mediation.
BOE: http://www.boe.es/boe/dias/2012/07/07/pdfs/BOE-A-2012-9112.pdf
