The configuration of the Professional Associations as mediation entities

Abstract

According to the last Spanish legislation on mediation in civil and mercantile affairs, Professional Associations have become mediation institutions.

Mediation is a form of alternative dispute resolution (ADR) that includes a lot of benefits, like cheapness, quickness or compliance. The strengths of mediation have resulted in a significant improvement in the use of mediation and in the regulations on mediation. One of the most important aspects in the new mediation’s legal framework is focused on the mediator’s skill and training. These regulations also try to promote and develop mediation, which is possible thanks to the collaboration of different entities, like Professional Associations.

In this paper we will try to clarify which is the role of the Professional Associations about mediation and which are the rules that have to be applied when they act like a mediation institution.