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Mediation in the Catalan legal system: Special reference to its guiding principles.

Garriga Arino, Fernando
June 4, 2015

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)


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