La mediación obligatoriaredefiniendo los métodos alternativos de resolución de conflictos

Abstract

The latest draft of The Procedural Efficiency law represents a momentous change for the Spanish system of judicial administration before the courts. In order to improve the judicial way, Spain is finally committed to imposing mandatory mediation towards an alternative resolution to ensure the right to justice such as mediation. A new concept of mediation that is implemented changing its alternative and voluntary nature for mandatory. But ¿Is this mediation? Considering that this alternative dispute resolution is not a new way to proceed but it is a novel mandatory resource to be implemented in certain subjects, mediation would be used as an action prior to jurisdiction.