Mediation in Spain

Resolving disputes through mediation in Spain is a common practice. In this short review, we’ll try to shed some light on how parties to a dispute can choose a mediator in Spain & what requirements they must comply with.

Mediators: Qualifications & Registration

Legal entities can also act as mediators, provided they appoint individuals meeting the criteria of Spanish legislation. Choosing mediators for resolving disputes by mediation in the Kingdom of Spain requires consulting respective registers of meditation institutions. There’s no requirement for registration of mediators, the only exception being mediators specializing in bankruptcy cases.

Under the Mediation Law, any individuals can act as mediators. Qualifying as one requires having a university degree & providing evidence of specialized training in mediation. They must also have membership of:

• professional organizations of mediators;
• professional organizations of mediators accredited with the Ministry of Justice;
• the Union of Providers of Mediation Services.

Pursuant to Spanish mediation legislation, training programs are to run for no less than one hundred hours, focusing on practical & theoretical aspects. Registered mediators are also required to undergo obligatory 20-hour training every 5 years. Settling disputes through mediation in the Kingdom of Spain is believed to be much more effective that way.

Agreement

Spanish mediation legislation requires keeping minutes of constituent meetings & including  provisions related to mediation. Mediators must also instruct parties to conclude a mediation agreement in the Kingdom of Spain so that they could communicate with one another more effectively. If all those requirements are met, resolving a dispute through mediation in the Kingdom of Spain is going to be much faster.

The above agreements must contain:

• dispute’s description;
• parties & their representatives’ names;
• mediators’ names;
• parties’ obligations;
• mediation’s time & venue;
• fee.

Spain: Appointment of Mediators

Appointing mediators in the Kingdom of Spain requires compliance with no particular criteria. Institutional mediators (i.e. the ones affiliated with public or private institutions) get appointed under their institutions’ rules.

There’s a special part in the Arbitration Code dealing with mediation orhanizations & appointing mediators. In accordance with it, such organizations must be independent & neutral, providing parties with complete & transparent information. They must also ensure that mediators are selected objectively & transparently. It is important that appointing moderators be tailored to a particular case & take into account preferences of parties.

Conclusion

To sum up, moderators can be both physical persons & legal personalities. The latter must appoint an individual entrusted with overseeing the process of mediation. Lists of mediators are available in the respective registers. Qualifying as mediators requires having a specialized education & being registered as mediators.