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Workgroup

Future Europe-Mediation Conference

Why?

In view of the Conference on the Future of Europe (2020-2022) promoted by the European Union, a group of professionals and intellectuals linked to the Foundation for Research on Law and Business (Fide), motivated by the “fruitful celebration of dialogue with citizens” and as members of the organized civil society, have decided to collaborate in the Agora of the Citizens.

To this end, within the topics selected within the framework of Values, Democracy and Digital Transformation, Mediation has been chosen as a model for the XNUMXst century with regard to the peaceful settlement of disputes. For this, the specialization of the component members of this Working Group in matters related to Mediation and the bet that Fide has done with the creation of the Mediation Center Fide (CMF).

  1. Philosophical principles on which Mediation is based
  2. Benefits of the Mediation model
  3. The concept of the "sovereignty of citizenship" in the exercise of Mediation
  4. Mediation as a dispute resolution proposal for the XNUMXst century
  5. The impact of mediation on society as a whole
  6. FIDE and the instruments for the promotion of Mediation.

Publications

Mediation as a conflict resolution system in the XXI century

In view of the Conference on the Future of Europe (2020-2022) promoted by the European Union, a group of professionals and intellectuals linked to the Foundation for Research on Law and Business (Fide), motivated by the “fruitful celebration of dialogue with citizens” and as members of the organized civil society, have decided to collaborate in the Agora of the Citizens.

To this end, within the topics selected within the framework of Values, Democracy and Digital Transformation, Mediation has been chosen as a model for the XNUMXst century with regard to the peaceful settlement of disputes. For this, the specialization of the component members of this Working Group in matters related to Mediation and the bet that Fide has done with the creation of the Mediation Center Fide (CMF).

The working group Fide formulate the following proposals:

First: The public and private empowerment of mediation as a conflict resolution system because it favors social cohesion and allows States to release judicial resources.

Monday: The creation of a common regulatory framework at European level that allows the development of mediation in the widest possible scope, including not only Civil or Commercial conflicts, but also public law conflicts.

Third: Impact study on European legislation that allows Member States to jointly adhere to the Singapore Convention.

Quarter: Incorporate into European legislation a review of the Mediation Directive that allows for the development of digital mediation.

Thursday: All legal professionals must know the mediation process, from university studies of the legal professions to incorporate it into their advice as an appropriate means of resolving certain conflicts and acquire the necessary skills to participate in it.

Friday: It is necessary to develop institutions and highly qualified professionals for the provision of the mediation service. The contribution of the Administration, companies, institutions and citizens will be decisive for this.

Seventh: Incorporating the form of resolution of conflicts by the companies, and especially the Mediation, between the headings that can be included in the Non-Financial Information the Annual Accounts of the companies.

Eighth: The incorporation into the procedural rules of potential economic consequences for the parties who do not attend mediation in good faith prior to the process (or during it).

Have participated in this working group: 

  • Francisco Alarcon, Founder, current Director and Mediator of the Business Mediation Center, Guayaquil. Member of the Council of Regents of the Casa Grande University, Guayaquil.
  • Rachel Alastruey, Magistrate. Founder of the European Group of Magistrates for Mediation. Associate professor at the Universitat Pompeu Fabra in Barcelona. Member of the Technical Commission of the Mediation Center Fide (CMF).
  • Manuel Diaz Banos, Lawyer in the Department of Litigation and Arbitration of Cuatrecasas. Mediator accredited by CEDR. Secretary General of the Mediation Center Fide (CMF).
  • Juan Manuel de Faramiñan, Professor (emeritus professor) of Public International Law and International Relations at the University of Jaén, Holder of the Jean Monnet Institutions and European Union Law Chair.
  • Ana Fernandez Tresguerres, Notary of Madrid. Member of the Royal Academy of Jurisprudence and Legislation of Spain. Member of the Academic Council of Fide. Member of the Technical Commission of the Mediation Center Fide (CMF).
  • Carlos Gutierrez, Director of Litigation at Siemens Gamesa Renewable Energy SA Mediator of the Mediation Center Fide (CMF).
  • Clifford Hendel, Founder of HENDEL-IDR. Mediator of the Mediation Center Fide (CMF).
  • Cristina Jimenez Savurido, President of Fide. Judge on leave. Mediator of the Mediation Center Fide (CMF).
  • Maria Jose Lanchares, Lawyer at Lanchares Abogados SLP. Mediator of the Mediation Center Fide (CMF).
  • Marta Lazaro, Mediator. A lawyer. Mediator of the Mediation Center Fide (CMF).
  • Michelangelo Malo, Counselor of Cuatrecasas. Mediator accredited by CEDR and member of the Chartered Institute of Arbitrators. Mediator of the Mediation Center Fide (CMF).
  • Carolina Revenge, Lawyer. Mediator accredited by CEDR.
  • sergio round, Corporate Legal Counsel of Pinsent Masons. Mediator of the Mediation Center Fide (CMF).
  • Marivi Rodriguez, Business mediator, founder of Compromiso de Mediación. Manager of the Association for the Exercise of Mediation and Arbitration, ASEMARB. Mediator of the Mediation Center Fide (CMF).
  • Peter Bleed, Partner of the firm Sangro & BLF Abogados, General Secretary of Memora. Mediator of the Mediation Center Fide (CMF)

 

All the people who have participated in this working group of Fide, have done so in a personal capacity and not on behalf of the entities, offices, Universities or companies, where they carry out their professional work, so these conclusions do not reflect and do not include institutional positions but rather particular ones of each one of the members of the group.

Group Directors

Manuel Diaz Banos

Lawyer in the Department of Litigation and Arbitration of Cuatrecasas. Mediator accredited by CEDR. Secretary General of the Mediation Center Fide (CMF).

Juan Manuel de Faramiñan

Professor (emeritus professor) of Public International Law and International Relations at the University of Jaén, Holder of the Jean Monnet Institutions and European Union Law Chair.

Carmen Hermida Diaz

General Director of the Foundation Fide. Head of the Mediation Center Fide (CMF)

Cristina Jimenez Savurido

• President of the Foundation Fide. CEDR Accredited Mediator
Academic coordination: White Bethlehem

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