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International Working Group

The key role of Mediation

Why?

On May 4, we launched the working group "The key role of mediation", a group made up of professionals in the field of mediation from Spain and Latin America, in order to reflect on the advantages of mediation and the management of negotiated agreements, explore the experience of professionals from other Spanish-speaking countries on this formula, and the need to resort to alternative dispute resolution mechanisms that avoid resorting to the courts, given the saturation they are currently experiencing.

The global pandemic caused by the coronavirus has forced governments to adopt a series of extraordinary measures to manage the serious health crisis that countries are facing. These measures have generally consisted of confining the population to try to reduce the rate of infections and not collapse the health infrastructure, as well as drastically restricting all those activities considered non-essential.

We are witnessing an unprecedented situation whose social, economic and legal consequences will be with us for a long time.

The strong contraction of demand forced by the circumstances is seriously affecting the ability of many companies to comply with their obligations, placing them before the impossibility of continuing to respect their contracts or the need to modify them or suspend their execution temporarily, while maintaining the exceptional situation that we live.

Both the governing bodies of the judiciary and law firms are preparing for the avalanche of lawsuits related to contracts affected by the measures adopted as a result of the health emergency that are announced on the horizon.

Analysis Areas

Comparative analysis of the legislation in some Latin American countries of conciliation and mediation mechanisms

Channels of communication, dissemination and more suitable mechanisms that allow companies to know how mediation would develop in practice.

Representing Clients in Mediation and the Role of the Attorney

Publications

Conclusions International Working Group The key role of mediation

A comparative analysis of the legislation in some Latin American countries of the conciliation and mediation mechanisms has been carried out. We have identified differences and similarities that will subsequently allow us to make proposals to promote the use of said mechanisms. The laws analyzed are those of Ecuador, Mexico, Peru, Argentina, Chile, Panama, Uruguay, Colombia, Brazil, Paraguay, Spain and the United Kingdom.

Another area of ​​work has been the representation of clients in mediation and the role of the lawyer. A Decalogue has been prepared for the party lawyer and for law firm lawyers and a pledge in which companies commit to making efforts to lead their clients to resolve their disputes using alternative tools. Both will be presented in the session and will be subjected to debate and analysis.

Finally, the third area of ​​work has been the reflection on the most suitable channels of communication, dissemination and mechanisms that allow companies to know how mediation would develop in practice.

Subgroups

Subgroup 1:

Comparative analysis of the legislation in some Latin American countries of conciliation and mediation mechanisms

The purpose of this subgroup is to create a useful and effective tool that allows us to know the normative scope of mediation and conciliation in the laws of Latin America, in order to identify the differences and similarities that later allow us to propose proposals to increase or promote the use of these mechanisms for conflict resolution. The laws to be analyzed are those of Ecuador, Mexico, Peru, Argentina, Chile, Panama, Uruguay, Colombia, Brazil, Spain and the United Kingdom.

Coordinator: 

Briana Canorio, Arbitrator at the Arbitration Center of the Lima Chamber of Commerce

Subgroup 2:

Channels of communication, dissemination and more suitable mechanisms that allow companies to know how mediation would develop in practice

The objective of this subgroup is to identify those people who can be a gateway, who make important decisions in companies: legal advisors, internal lawyers, but also to carry out actions with the CEOs, board of directors, department directors ... to have a more open look and introduce mediation in companies and broaden the spectrum for companies to have contact with mediation.

Coordinator: 

Marta Lazaro, Lawyer and Mediator.

Subgroup 3:

Representing Clients in Mediation and the Role of the Attorney

This subgroup aims to create, on the one hand, a Decalogue for the party lawyer, for law firm lawyers, which summarizes the most important issues for their work. Second, writing a pledge in which companies undertake to make efforts to lead their clients to resolve their disputes using alternative tools.

Coordinator: 

Fernando Navarro, Commercial, business and labor mediator, JAMS.

Group Director

Carlos J. Gutierrez

Chief Litigation Officer at Siemens Gamesa Renewable Energy, SA
Academic coordination: White Bethlehem

Contact

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