CIVIL AND COMMERCIAL MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION METHOD.

Abstract

Law 5/2012, of July 6th, is the first rule about civil and commercial mediation in the state level and it happens when mediation begin to be considered as an alternative to prosecution or via arbitration, as it involves a system of conflict resolution that can help to get the right to judicial protection, keeping the Courts as a last resort and turning the citizen into active protagonist of the solution of their own conflict. In this paper we study the principles informing the mediation, the requirements to be mediator, the mediation process and its phases as well as the mediation agreement and the effects arising from implementation. It will also be analyzed the electronic mediation and its development in the RD of November 13, 2012. The union of these elements, mediation and new technologies, mechanisms leading to electronic resolution of disputes, which must be provided with the necessary legal and technical security in order to expand their use.