Mediation has proven itself more relevant in the recent years due to multiple factors. To some extent, it has been seen as an appropriate mechanism to respond to the problems that state jurisdiction is still unable to solve: the slowness of judicial procedures, caused largely by high rates of litigiousness that makes the Courts unable to absorb all the work, the high economic cost to follow a judicial procedure (the costs, attorney’s fees, etc.), and sometimes the inappropriateness of the content ...
Mediation has proven itself more relevant in the recent years due to multiple factors. To some extent, it has been seen as an appropriate mechanism to respond to the problems that state jurisdiction is still unable to solve: the slowness of judicial procedures, caused largely by high rates of litigiousness that makes the Courts unable to absorb all the work, the high economic cost to follow a judicial procedure (the costs, attorney’s fees, etc.), and sometimes the inappropriateness of the content of the judgment in relation to the interests of the parties. However, limiting its relevance to these factors would be reducing mediation to a simple tool to decongest the tribunals of the huge amount of work they have to bear, and it is not this at all. Mediation is a method of conflict resolution that in certain cases can give more effective answers than traditional courts because it tries to create an environment of dialogue between the parties to reach constructive solutions with which all parties can feel satisfied (so-called win-win effect) and there is no sense that there is a winner and a looser part. The fact that parties participate in the solution implies that the agreement is lived as their “own” and therefore, is more likely to be respected and to remain in time. This effect is especially important in those cases where the relationship is expected to last into the future, as it often happens in family issues./nThe general purpose of this paper is to know deeply the current situation of mediation in Catalonia. To achieve this, however, I can’t only just talk about the mediation in a Catalan level. I will also analyse everything that has contributed to boost mediation in our country, so this will allow me to have a global vision of it.
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