6533b828fe1ef96bd12882f1

RESEARCH PRODUCT

Mediation in Spain: Novelties Derived from the Boost of the European Legislator

Carmen Azcárraga MonzonísPablo Quinzá Redondo

subject

ParliamentInformation and Communications TechnologyLawmedia_common.quotation_subjectPolitical scienceMediationNormativeDirectiveHabitual residenceDispute resolutionLegislatormedia_common

description

This paper seeks to analyse the Act 5/2012, of 6 July of mediation in civil and commercial matters, which has resulted in the definite incorporation to the Spanish legal system of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008. This law intends to enhance the access to mediation as a way of dispute resolution between private parties, which, while it had been already in practice in some Autonomous Communities in certain matters, lacked of a specific normative body to regulate it. The law is certainly limited in regulating certain aspects of mediation, whereas in some other aspects it still raises some concerns. All of these questions are to be examined in the present work alongside a set of proposals.

https://doi.org/10.1007/978-3-319-18135-6_24