La nueva normativa de mediación y la oportunidad de impulsar una práctica colaborativa del Derecho

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.