Mediation: What is Necessary to Achieve its Success in Spain?
Journal Title: Białostockie Studia Prawnicze - Year 2017, Vol 0, Issue 22
Abstract
Th is article presents the legal frame of mediation in Spain, especially aft er the enforcement of Law 5/2012 regarding Mediation in Civil and Commercial Matters. Th e author analyzes the main causes that might explain why, aft er four years of enforcement of Law 5/2012, mediation remains a peripheral confl ict resolution tool in Spain, a circumstance that has been described by the European Parliament as “Th e Mediation Paradox”. However, mediation has attracted high levels of attention from both practical and theoretical points of view, maybe because its promotion is closely related to the improvement of access to justice. Mediation is a key European Union policy and one of the main concerns of the current reform agenda in Spain. Th e article concludes with the presentation of several ideas that might contribute in overcoming this paradoxical scenario, with special focus on what could be done to reverse the situation from a cultural perspective.
Authors and Affiliations
Belén Hernández Moura
Keywords
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- EP ID EP342630
- DOI 10.15290/bsp.2017.22.04.20
- Views 42
- Downloads 0
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