Mediators procedure

El procedimiento se inicia mediante la presentación de una solicitud de mediación ante el Centro Español de Mediación.

The procedure begins by submitting a mediation request to the Spanish Mediation Center. cemediacion@camara.es

Content

WITH PRIOR MEDIATION AGREEMENT:

The mediation request will contain, at least, the following mentions:

• Identification and contact of the party submitting the mediation request.
• Identification and contact of the rest of the parties.
• Brief description of the legal relationship between the parties, if any, the reason, circumstances and quantification, if possible, of the dispute or disputes that they wish to submit to mediation.
• If there is any agreement on the appointment of the mediator, including his or her identity if applicable, the place where the sessions will take place, the language or languages ​​to be used in the mediation, requirements that the mediator must meet, deadlines for holding the mediation and any another aspect of the mediation process that affects its beginning or development.

The mediation request must be accompanied by:

1. Copy of the mediation agreement that is invoked or of the communications that record it.
2. Proof of payment of the admission fee, in the amount of €1,000. The payment is made by bank transfer in the name of the Spanish Chamber of Commerce - Spanish Court of Arbitration, to account number: BBVA- ES47 0182 2370 40 0201569522.

WITHOUT PRIOR MEDIATION AGREEMENT:

When there is no mediation agreement, any person or entity may invite one or more parties to initiate a mediation process. In this case, the requesting party will present to the Center a request for mediation with the information and documentation detailed in the previous section, except for that which is not appropriate, such as, for example, the mediation agreement.

Download mediation request 

The counterparty's acceptance must be formulated in writing in the same way provided for the applicant in the within 10 days from receipt of the request.

If the counterparty does not submit the acceptance of the mediation request within the established period, it will be understood that they do not wish to attend the mediation and the mediation request will expire, and the file will be archived.

The mediator and the parties discuss how the mediation will be conducted.

The drafting and signing of the Initial Minutes which will contain, in any case, the following aspects:

• the identification of the parties;
• the designation of the Center as a mediation institution and of the mediator;
• the object of the conflict that is submitted to mediation;
• the program of actions and their maximum duration, without prejudice to their possible subsequent modification; information on the cost of mediation or the basis for its determination, with a separate indication of the mediator's fees and other possible rights;
• the declaration of voluntary acceptance by the parties of the mediation and that they assume the obligations derived from it, especially the obligation of confidentiality and;
• the place of celebration and language of the procedure.

They will consist of interviews by the mediator, joint or individual, with the parties.

The Mediation may conclude with agreement, whether total or partial, or disagreement.

Once the mediation is over, the mediator will write the final minutes, which will determine the conclusion of the procedure.

In any case, you must collect the following:

• the intervening parties and assistants,
• the cause of termination,
• the partial or total agreements reached (if applicable), or reference to them appearing in a separate document.