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International Working Group

Comments to the "Draft Law on measures of procedural efficiency of the public service of Justice"

Why?

The Bill of Procedural Efficiency Measures of the Public Justice Service establishes new measures to facilitate the decongestion of the justice bodies, and, thus, guarantee compliance with the obligations imposed by article 24 of the Spanish Constitution, specifically, that of providing citizens with the protection of the State for the exercise of their rights and interests.

In this proposal to redraft certain aspects of the Bill, FIDE will focus its comments on those it deems necessary to perfect the implementation of the mediation system as a conflict resolution system as a stage prior to the jurisdictional stage although it should be noted that the most important of all is the one that affects the entry into force of Title I (which we refer to in section 7 below) while it should not be delayed or made subject to the approval of a Neutral Third Party Statute.

FIDE considers that, for a better implementation and operation of the appropriate means of dispute resolution and mediation as a dispute resolution system in Spanish Law, it is necessary carry out the following modifications on the text of the bill that is in the process of presenting amendments.

Mediation, as a conflict resolution system, is characterized by the intervention of a third party that helps the parties to resolve conflicts themselves, without the need to resort to the State. Thus, it is the interested parties themselves who seek the solutions that favor them the most or harm them the least, without the intervention of a third party that imposes a decision, such as judges, unrelated to the conflict in question.

It should be noted that, whenever an agreement is reached between the actors in the conflict, the most effective solution is obtained from among all the possible ones, since it is the parties who best know the solution possibilities and who are most interested in their own benefit. the solution. They are the ones who dedicate their efforts to the mediation process to achieve what is best for them and, therefore, the most economical and profitable solution both for themselves and for society as a whole (to whom the decision finally reverts).
effectiveness of their systems.

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Comments on the "Draft Law on procedural efficiency measures of the Public Justice Service"

The Bill of Procedural Efficiency Measures of the Public Justice Service establishes new measures to facilitate the decongestion of the justice bodies, and, thus, guarantee compliance with the obligations imposed by article 24 of the Spanish Constitution, specifically, that of providing citizens with the protection of the State for the exercise of their rights and interests.

Among other benefits, a good part of the proposed measures are, for the most part, measures of structural character and not a conjunctural solution to the problems it addresses, and that offer solutions whose benefits may be perceived in the short term, through the implementation of practices whose success has been demonstrated in other democracies in our immediate cultural environment, practices that, additionally, contribute, in a very important way, to facilitating European integration at a social and political level, thus giving impetus and revitalization to the principles on which the European Union is based, and which are reflected in Article 2 of the Union Treaty.

See Proposals

Have participated in this working group: 

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, Courts, Universities, companies, or Ministries, 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 group members.

  • Cristina Fernandez, Ontier's lawyer. Mediator. Member of the Mediation Club Fide. Clifford Hendel, Founder of Hendel-IDR. Mediation Center Mediator Fide (CMF) and mediator accredited by CEDR. Member of the Mediation Club Fide.
  • Michelangelo Malo, Lawyer and Mediator of the Mediation Center Fide (CMF). Mediator accredited by CEDR. Member of the Mediation Club Fide. Academic co-director of the Working Group.
  • Marta Lazaro, Managing Partner, Trustbuilding Empresas & Negocios. Mediator of the Mediation Center Fide (CMF). Mediator accredited by CEDR. Member of the Mediation Club Fide.
  • Caroline Revenge, Director of insurance and pharmaceutical litigation at BDO Abogados and Mediator of the Mediation Center Fide (CMF). Mediator accredited by CEDR. Member of the Mediation Club Fide. Academic co-director of the Working Group.
  • Peter Blood, Director of the firm Sangro & BLF Abogados, General Secretary of Memora. Mediator of the Mediation Center Fide (CMF). Mediator accredited by CEDR. Member of the Mediation Club Fide.

Group Directors

Michelangelo Malo

PHASE 1
Lawyer and Mediator of the Mediation Center Fide (CMF). Mediator accredited by CEDR. Member of the Mediation Club Fide.

Carolina Revenge

PHASE 2
Director of insurance and pharmaceutical litigation at BDO Abogados and Mediator of the Mediation Center Fide (CMF). Mediator accredited by CEDR. Member of the Mediation Club Fide.
Academic coordination: Carmen Hermida
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