Source: (2013) ILSA Journal of International & Comparative Law. 19(3):453-471.

This article will analyze the coexistence of existing regulation and the current Catalan Law on Mediation in Private Matters (CLMPM) with the general mediation law currently contained in the Spanish Law on Mediation in Civil and Commercial Matters (SLMCCM), which bridged the gap in the field at that time.4 The purpose of the CLMPM is to establish the principles that guarantee the proper exercise of mediation administered by a department that is competent in civil law.5 The SLMCCM, pursuant to its Statement of Purpose, incorporates Directive 2008/52/EC of the European Council into Spanish law. In this context, the SLMCCM as expressed by its Statement of Purpose, incorporates directive 2008/52/EC into Spanish law, and, at the same time, adapting this regulation to the requirements imposed by the modifications to the Civil Code and the Code of Civil Procedure. These laws previously regulated separation and divorce matters. The SLMCCM also regulates a general regimen applicable to all mediation taking place in Spain, purporting to have legally binding and circumscribed effect. However, this law applies only to civil and commercial matters achieved by following the provisions of the United Nations Commission on International Trade Law's (UNCITRAL) Model Law on International Commercial Arbitration." (excerpt)