pargrafThe European Mediation Directive has not been transposed in Spain yet.

A Bill on Mediation in Civil and Commercial Matters has been drawn up but has now come to a halt due to the calling of a general election to be held on November 20th.

The Bill establishes:

  • a general scheme applicable not only to cross-border disputes but to those domestic mediations that take place in accordance with the requisites of the Bill
  • mediation as a pre-requisite to commencing court proceedings in claims up to 6.000,00 €
  • mediation agreements to be enforceable
  • suspension of limitation period by mediation
  • settlement agreement to end further litigation on the same issues
  • judges empowered to invite parties to go to mediation.

Pilot-tests of court-annexed programmes on civil and commercial mediation have been already set in place, but there are no statistics available yet.

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FAQ

Mediation is appropriate when the parties need a decision and are willing to negotiate.
Example criteria
Voluntary recourse, ability to take decisions (autonomy)
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Participation of a party in mediation is not forced (by threats or in any other way) by the other party or any third party;

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Leagal Frame