Abstract

ESPLUGUES MOTA, Carlos. The Legal Regime of Civil and Commercial Cross-Mediation in Spain after the Enactment of the Spanish Mediation Act of 6.7.2012. Bol. Mex. Der. Comp. [online]. 2013, vol.46, n.136, pp.165-199. ISSN 2448-4873.

This article analyzes in depth the regulation set forth by the Act 5/2012, f 6-7 as regards cross-border mediation. The article addresses some essential issues f this institution. Thus, the regulation f the agreement to mediate; the role played by mediators, their training and the recognition of their status; the law applicable to the merits of the dispute or the foreign recognition f any agreement reached between the parties after a mediation procedure are some f the issues studied in this article. The analysis highlights the relevance of the Act 5/2012 in Spain for promoting the use f mediation in Spain. But at the same time it shows the need for the Act to be fully implemented in order to solve some of the questions and problems that it still raises.

Keywords : mediation; cross-border mediation; ADR; recognition and enforcement of foreign mediation agreements.