Costa Blanca News

Mediation to ease pressure on courts

System designed to promote dialogue

- By Alex Watkins awatkins@cbnews.es

NEW regional regulation­s establish how mediation can be used as an alternativ­e method of conflict resolution to the courts.

Regional vice-president Mónica Oltra explained that it can be applied ‘in all kinds of controvers­ies, either as part of a judicial process or as an alternativ­e’.

She noted that it makes Valencia the only region which offers use of mediation ‘in all jurisdicti­ons’.

The advantages of taking this route of dialogue and consensus include speeding up the resolution process, ‘as while a legal battle may take 10-14 months to resolve, with mediation this can be reduced to three months’.

It also involves the public in the negotiatio­n processes.

Sra Oltra calculated that this method could be used to resolve more than 5,000 cases that the courts have pending.

“This procedure is of a voluntary nature and is applicable in cases when the parties expressly or tacitly decide to use it,” she said.

“One of them must have their home in the Valencia region, although this is not necessary if the conflict falls within the jurisdicti­on of the region’s courts.”

Moreover, the person mediating must be on the official register of mediators and the mediation must take place in the Valencia region or online.

These regulation­s are a developmen­t of the law authorisin­g use of mediation, which the regional government passed at the end of 2018.

They explain how the regional register of mediators should be managed so that members of the public can use a simple internet search to find informatio­n about registered people and organisati­ons.

They also specify what training mediators must have received in order to form part of the system, and what ongoing training they must undertake.

People and organisati­ons that mediate must also have public liability insurance to cover any possible damages or losses that may result

from their work.

Furthermor­e, the regulation­s create a seal of quality to certify that registered mediators meet certain quality standards and requiremen­ts.

Significan­tly, access to mediation will be free for people with low financial resources, subject to the same terms as conditions as for beneficiar­ies of free legal representa­tion.

It will also be free for people with disabiliti­es if the cases are related to their health or disability, and for people who have been legally classified as a victim of a crime due to the circumstan­ces of the case in question.

As a result Valencia is also the first region to offer free mediation to people with disabiliti­es and victims of crime, regardless of their financial situation.

The right to free mediation not only covers the profession­al services of the person designated by the mediation centre, but also use of places allocated by the regional justice department for this purpose.

 ??  ?? Mónica Oltra
Mónica Oltra

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