Commercial mediation in Spain
How is mediation conducted?
Is there any obligation on litigants to mediate?
Does the court have powers to support mediation?
Does failure to mediate attract adverse cost consequences?
How are settlement agreements enforced?
Is there a system of accreditation and/or regulatory body for mediators?
Part three of the Mediation Act, “Mediator status”, lays down the requirements for acting as a mediator. Mediators must hold an official university degree or have advanced vocational education and specific training to practise mediation, which can be gained by completing one or more specific courses run by duly certified institutions.
Likewise, Chapter two of the Mediation Royal Decree establishes that the specific training to practise mediation must have a minimum duration of 100 hours. Mediators are also required to continue their training, receiving specific mediation training for at least 20 hours every five years.
Registration of mediators on the Spanish mediators register is voluntary, except for insolvency mediators. However, registration is a means of accrediting mediator status.
Impartiality is a requirement for mediators. Furthermore, the Mediation Act includes a provision requiring mediators to have civil liability insurance.