"The system I was allowed to return to speak with the father of my children "as simple and powerful was the message that a woman snapped Judge Luis Aurelio González Martín, head of Court of First Instance of Madrid n º 73 , having participated in a mediation process, as we had yesterday at the Cultural Center of Madrid José Espronceda, which had this experience pioneering intrajudicial civil mediation. The judge stressed the limitations of the judiciary to resolve certain conflicts and put in value the " provided by the new techniques and mediation professionals, unknown by the legal " . Ultimately focused the value of mediation as an alternative to litigation , not the courts, for what is presented as complementary "and the responsibility and commitment of judges and magistrates to run these projects, giving them legitimacy they deserve, and promoting the participation of all people in the court offices. We emphasize the clarity with which the judge split the media profession from other professions, making it clear that university training prior to specific training in mediation disappears upon exercise of the intermediary, and it is a condition that goes away to avoid contamination of the functions: " The attorneys and lawyers are absolutely biased, because its mission is to defend the interests of the people they represent, while those mediating acts must, conversely, do so with impartiality and neutrality " said Luis Aurelio.
Judge Together, we have the invaluable presence of the mediators that make up the team: Cayetano Gonzalez, Benita Cava and Margarita Alonso, who transmitted to us how they produced the pilot, the procedure and mode of action, results to date and specific features of mediation in the judicial context, and their ratings of the experience.
Cayetana suggested that the starting point was to answer the question "What can mediation to the Administration of Justice? " and the answer to this question was the basis for the project, based on a study by the Association of Magistrates for Mediation, Gemma. It was important to look for support in certain groups and agencies such as the Board of the Judiciary and the Superior Court of Justice, to realize the project, while financial support has been limited, with a grant from the Center for Civil Liability ICAM. It is worth mentioning that the service now is provided free of charge, to be a pilot, but one of the issues to be clarified is how to articulate its cost, just now paid the fees of lawyers and attorneys and other legal practitioners, also maintaining the free for those who do not have enough resources in the framework of legal aid.
Meanwhile, Benita and Margarita, detailed procedures and protocols used, with emphasis on communication mechanisms with the judicial office and the mediation process itself, "the resources they count-limited, but have managed an office in own court premises for the briefing and other facilities outside the legal space for the sessions themselves, "-30 mediation results in a year with 60% of agreements," the issues on which most middle-inheritance, dissolution of community property, claims for payment, customer complaints against companies, defaults, etc-and their specific experiences as mediators.
both the magistrate concluded as mediators with a very positive experience, encouraging us to extend the maximum of courts, especially with the forthcoming adoption of the Law on Mediation in Civil and Commercial Matters which is being at the state level. To emphasize the close of Judge Luis Aurelio, who said that even in cases where there are mid settles when the sentence was passed not stand resources when it is usual that the "no benefit" in that case you stand automatically, which highlights the importance of communication established between the parties, regardless of who comes or not the agreement.
From Parleman-ne we did not hesitate a moment to go to this event, given the importance of introducing mediation in legal contexts and contribute to extend to all citizens. We hope to soon make proposals to expand in our region this type of experience.
0 comments:
Post a Comment