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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 the model for the XNUMXst century with regard to the peaceful settlement of disputes”. To do this, the specialization of the members of this Working Group on issues related to Mediation and the commitment that Fide has made with the creation of the Fide Mediation Center (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 the model for the XNUMXst century with regard to the peaceful settlement of disputes”. To do this, the specialization of the members of this Working Group on issues related to Mediation and the commitment that Fide has made with the creation of the Fide Mediation Center (CMF).

The Fide working group formulates 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 Alarcón, 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 Pompeu Fabra University of Barcelona. Member of the Technical Commission of the Fide Mediation Center (CMF).
  • Manuel Diaz Banos, Lawyer in the Litigation and Arbitration Department of Cuatrecasas. CEDR accredited mediator. Secretary General of the Fide Mediation Center (CMF).
  • Juan Manuel de Faramiñán, 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 Fernández 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 Fide Mediation Center (CMF).
  • Carlos Gutierrez, Litigation Director at Siemens Gamesa Renewable Energy SA Mediator of the Fide Mediation Center (CMF).
  • Clifford Hendel, Founder of HENDEL- IDR. Mediator of the Fide Mediation Center (CMF).
  • Cristina Jiménez Savurido, President of Fide. Magistrate on leave of absence. Mediator of the Fide Mediation Center (CMF).
  • Maria Jose Lanchares, Lawyer at Lanchares Abogados SLP. Mediator of the Fide Mediation Center (CMF).
  • Marta Lazaro, Mediator. Lawyer. Mediator of the Fide Mediation Center (CMF).
  • Michelangelo Malo, Director of Cuatrecasas. CEDR accredited mediator and member of the Chartered Institute of Arbitrators. Mediator of the Fide Mediation Center (CMF).
  • Carolina Revenga, Lawyer. Mediator accredited by CEDR.
  • Sergio Redondo, Corporate Legal Counsel at Pinsent Masons. Mediator of the Fide Mediation Center (CMF).
  • Mariví Rodríguez, Business mediator, founder of Compromiso de Mediación. Manager of the Association for the Exercise of Mediation and Arbitration, ASEMARB. Mediator of the Fide Mediation Center (CMF).
  • Pedro Sangro, Partner of the law firm Sangro & BLF Abogados, Secretary General of Memora. Mediator of the Fide Mediation Center (CMF)

 

All the people who have participated in this Fide working group 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 They do not collect institutional but specific positions of each one of the members of the group.

Group Directors

Manuel Diaz Banos

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

Juan Manuel de Faramiñán

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

Cristina Jiménez Savurido

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

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