La mediación civil en España: luces y sombras de un marco normativo

Abstract

"Directive 52/2008 on mediation in civil and commercial matters has been recently transposed in Spain by the Law 5/2012, of July 6, of Mediation in Civil and Mercantile Matters. The normative text is mostly based on the unsuccessful Project of the previous Legislature. On the other hand, in different autonomous territories have implemented numerous and various legislative initiatives in the field of mediation that show the strong expansion of this institution. Finally, noting the situation of current practice, we see the gradual consolidation of mediation between legal operators, being reflected in decisions of judges and courts. All these elements invite reflection on the model adopted in our brand new rules of mediation in civil and commercial matters.