Publication: La nueva normativa de mediación y la oportunidad de impulsar una práctica colaborativa del Derecho
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2012-06
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Colegio Notarial de Madrid
Abstract
The recently passed Royal Decree-law on mediation eagerly awaited and
pending for approval by Spanish Congress provides a great chance to change
the way legal disputes are tackled in Spain and to overcome the idea judicial
proceedings are the only channel to be considered.
Several reasons are causing the heavy workload of Spanish Courts. One of
them is the lack of knowledge among legal practitioners regarding collaborative
procedures. The author describes these techniques, mentioning other
countries have specialized lawyers in this field and explaining their scope for
action.
The author argues that lawyers should be trained in these techniques, which
include negotiation and mediation. She analyzes as well the advantages these
methods offer in terms of cost and greater satisfaction of all parties involved.
Lawyers will soon find out about all these advantages, she forecasts.
Finally the author describes in detail the training needed in the field and the
sort of strategies that could boost these channels.
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Bibliographic citation
El notario del siglo XXI, n. 43, mayo-junio 2012, pp. 18-21