JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

I

One of the essential functions of the rule of law is the guarantee of the judicial protection of citizens ' rights. This function involves the challenge of establishing a quality justice capable of solving the various conflicts that arise in a modern and, at the same time, complex society.

In this context, since the 1970s of the last century, new alternative systems of conflict resolution have been used, including mediation, which has been gaining importance. growing as a complementary instrument of the Administration of Justice.

Among the advantages of mediation is to highlight its capacity to provide practical, effective and cost-effective solutions to certain conflicts between parties, and it configures it as an alternative to the judicial process or the (i) the arbitration procedure, which must be clearly stated. The mediation is built around the intervention of a neutral professional who facilitates the resolution of the conflict by the parties themselves, in an equitable way, allowing the maintenance of the underlying relationships and preserving the control over the end of the conflict.

II

Despite the momentum that has been experienced in Spain in recent years, in the area of the Autonomous Communities, until the approval of Royal Decree-Law 5/2012, there was no general management of the mediation applicable to the various civil and commercial matters, while ensuring their connection with the ordinary jurisdiction, thus effectively making the first of the axes of mediation, which is the dejudicialization of certain matters, that may have a solution more suited to the needs and interests of the conflicting parties than could be derived from the legal forecast.

Mediation, as a formula of self-composition, is an effective instrument for resolving disputes when the legal conflict affects the subjective rights of the available character. As an institution ordered to legal peace, it contributes to the conception of the courts of justice in this sector of legal order as a last remedy, in case it is not possible to compose the situation by the mere will of the parties, and can be a skillful intervener for the reduction of the workload of those, reducing their intervention to those cases where the opposing parties have not been able to put an end, from the agreement, to the situation of controversy.

This Law also incorporates into Spanish law Directive 2008 /52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. However, its regulation goes beyond the content of this European Union standard, in line with the provision of the final provision of the third of Law 15/2005 of 8 July, amending the Civil Code and the Law on Civil Procedure in separation and divorce matters, in which the Government was entrusted with the referral to the Courts of a draft law on mediation.

Directive 2008 /52/EC is limited to establishing minimum standards for the promotion of mediation in cross-border disputes in civil and commercial matters. On the other hand, the regulation of this rule forms a general regime applicable to any mediation that takes place in Spain and seeks to have a binding legal effect, although limited to the scope of civil and commercial matters and within a model which has taken into account the provisions of the Model Law of the UNCITRAL on International Trade Reconciliation of 24 June 2002.

Precisely, the course of the deadline for transposition into the Spanish legal order of Directive 2008 /52/EC, which ended on 21 May 2011, justified the use of the royal decree-law, as a suitable rule for carrying out such a I would like to thank the President-in-office of the Council for the necessary adjustment of our law, which has brought an end to the delay in fulfilling this obligation, with the negative consequences that it entails for the citizens and for the State because of the risk of being sanctioned by the institutions of the European Union.

The exclusions provided for in this standard are not to limit mediation in the areas referred to but to reserve their regulation to the relevant sectoral rules.

III

The mediation model is based on the voluntary and free decision of the parties and on the intervention of a mediator, which is intended to be an active intervention aimed at solving the controversy by the parties themselves. The regime contained in the Law is based on flexibility and respect for the autonomy of the will of the parties, whose will, expressed in the agreement that ends it, may have the consideration of an executive title, if the parties so desire, through its elevation to public writing. In no case does this rule seek to enclose all the variety and richness of mediation, but only to lay its foundations and to favor this alternative in the face of the judicial solution of the conflict. It is here that the second axis of mediation is found, which is the legalization or loss of the central role of the law to the benefit of a principle that also governs the relations that are the object of the conflict.

The figure of the mediator is, according to his natural conformation, the essential piece of the model, since he is the one who helps to find a solution in dialogue and willingly wanted by the parties. Mediation activity is deployed in multiple professional and social domains, requiring skills that in many cases depend on the nature of the conflict itself. The mediator must therefore have a general training which will enable him to carry out this task and, in particular, provide an unequivocal guarantee to the parties for the civil liability in which they may incur.

Likewise, the Law uses the term mediator in a generic way without prejudging that it is one or more.

The very relevant role is present in this context of mediation services and institutions, which play a key role in ordering and promoting mediation procedures.

Corollary of this regulation is the recognition of the mediation agreement as an executive title, which will be produced with its subsequent elevation to public deed, the execution of which can be directly instated before the courts. In the regulation of the mediation agreement lies the third axis of mediation, which is dejuridification, consisting in not determining the content of the restorative or restorative agreement in a necessary way.

The flexible framework that the Law seeks is intended to be an incentive to encourage the use of mediation, in such a way that it has no impact on subsequent procedural costs and does not allow its approach as a strategy delaying the performance of the contractual obligations of the parties. This is stated in the option of the suspension of the prescription when the beginning of the procedure takes place against the general rule of its interruption, with the purpose of eliminating possible disincentives and to avoid that the mediation can produce unwanted legal effects.

This Law is strictly limited to the scope of the State's jurisdiction in matters of commercial, procedural and civil law, which allow the establishment of a framework for the exercise of mediation, without prejudice to provisions to be laid down by the Autonomous Communities in the exercise of their powers.

In order to facilitate the use of mediation, an easy-to-deal, inexpensive and short-lived procedure is articulated in time.

IV

The article of this Law is structured in five titles.

In Title I, under the heading "General provisions", the material and spatial scope of the rule, its application to cross-border conflicts, the effects of mediation on limitation periods and expiry, are regulated. as well as mediation institutions.

Title II lists the reporting principles of mediation, namely: the principle of willfulness and free disposition, the principle of impartiality, neutrality and confidentiality. These principles are added to the rules or guidelines that should guide the actions of the parties in mediation, such as good faith and mutual respect, as well as their duty to collaborate and support the mediator.

Title III contains the minimum status of the mediator, with the determination of the requirements to be met and the principles of his/her performance. In order to ensure their impartiality, the circumstances that the mediator has to communicate to the parties are made clear, and the European Code of Conduct for mediators is a model for this.

Title IV regulates the mediation procedure. It is a simple and flexible procedure that allows the subjects involved in mediation to freely determine their fundamental phases. The norm is limited to establishing those essential requirements to give validity to the agreement that the parties can reach, always on the premise that reaching an agreement is not obligatory, because sometimes, as the experience teaches It is not strange that mediation should simply improve relations, without the intention of reaching a concrete content agreement.

Finally, Title V lays down the procedure for the implementation of the agreements, in line with the provisions already existing in Spanish law and without establishing any differences with the arrangements for the implementation of the mediation agreements. (a) cross-border compliance with the enforcement of the law in another State; for this purpose, it shall be required to raise public writing as a necessary condition for its consideration as an executive title.

V

Final provisions co-honor regulation with the lacy of mediation with court proceedings.

Thus, Law 3/1993 of March 22, Basic of the Official Chambers of Commerce, Industry and Navigation, and Law 2/1974, of 13 February, of Professional Colleges, to include among its functions, together with the arbitration, are reformed. mediation, thus enabling their actions as mediation institutions.

A number of procedural changes are also being made that facilitate the implementation of mediation within the civil process. It is thus regulated the right of the parties to dispose of the subject matter of the judgment and to submit to mediation, as well as the possibility for the judge to invite the parties to reach an agreement and, to this end, to inform the parties of the possibility of recourse to the mediation. It is a new development which, while respecting the will of the parties, seeks to promote mediation and the friendly solutions of disputes. On the other hand, the decline is expected as a remedy against the failure of the agreements to submit to mediation or to the filing of a claim being in progress.

The amendment of the Law on Civil Procedure includes, finally, the precepts necessary for the inclusion of the mediation agreement within the titles that entitle the law to the dispatch of the execution.

With these modifications the appropriate interrelationship between mediation and the civil process is articulated, reinforcing the effectiveness of this institution.

VI

Finally, this Law Reform Law 34/2006 of 30 October on the access to the professions of Attorney and Procurator of the Courts, with the objective to satisfy the legitimate expectations of the students of The right which, at the time of the publication of that Law, was registered in its university studies and, as a result of the publication of that law, the conditions of access to the professions of lawyer are completely altered. and procurator.

Under Law 34/2006, in order to obtain the professional title of lawyer or prosecutor of the courts is necessary, in addition to being in possession of the university degree of licentiate in law or of the corresponding title of (a) to test their vocational training by overcoming the relevant specialized training and official training acquired through training courses accredited by the Ministry of Justice and the Ministry of Education, as well as overcoming further evaluation.

The amendment that is approved is consistent with the explanatory memorandum of the Law 34/2006, which declares as objective not to fail "the current expectations of the students of the undergraduate degree or degree in law". However, the five-year-old vacatio legis that initially set the Law has been revealed to be insufficient to satisfy a collective of students who have not been able to complete their studies in that five-year period. It would be a matter of solving problems for students who enrolled in law degrees before 31 October 2006, at which time professional qualifications were not required for the exercise of the professions of lawyer and They have not been able to finish their studies in the same period. By an unloved omission of the legislator, such students suffer discrimination, since they take away the legitimate expectations they had at the time when they began to pursue their studies in law. However, the opportunity to recognise a special system of access to professional practice for graduates in law, whatever the moment they start or end their studies, is also used to recognise a special system of access to professional practice. initiatives raised at the parliamentary seat.

Furthermore, the situation of holders of foreign securities which are eligible for approval of the Spanish law degree is provided for by the introduction of a new additional provision allowing access to to the legal professions to which the approval procedure was initiated before the entry into force of the Law.

The future amendment will provide for the issuance of professional titles by the Ministry of Justice.

In addition, to end the uncertainty generated by paragraph 3 of the unique transitional provision of Law 34/2006, a technical improvement is introduced in the wording clarifying that it is not necessary to be in possession of the Degree of degree or degree in law, but it is sufficient to be able to obtain it, that is, it is not necessary to be in the material possession of the title, but to have completed the studies when the Law enters into force. With this, the rights of the graduates who have completed their studies are safeguarded, because of the delay or carelessness in the application of the titles to the universities are excluded from the scope of the transitional provision of the Law.

TITLE I

General provisions

Article 1. Concept.

A mediation means that means of settling disputes, whatever their name, in which two or more parties voluntarily attempt to reach by themselves an agreement with the intervention of a mediator.

Article 2. Scope.

1. This Law applies to mediations in civil or commercial matters, including cross-border conflicts, provided that they do not affect rights and obligations that are not available to the parties under the applicable law.

In the absence of express or tacit submission to this Law, the same shall apply when, at least, one of the parties has its registered office in Spain and the mediation is carried out on Spanish territory.

2. In any case, the scope of this Law is excluded:

a) Criminal mediation.

b) Mediation with public administrations.

c) Labor mediation.

d) Mediation in consumer matters.

Article 3. Mediation in cross-border conflicts.

1. A conflict is cross-border where at least one of the parties is domiciled or habitually resident in a State other than that in which any of the other parties to which it affects are domiciled when they agree to make use of the mediation or it is mandatory to go to it in accordance with the applicable law. They shall also have such consideration of the conflicts envisaged or resolved by mediation agreement, whatever the place in which it was carried out, when, as a result of the transfer of the domicile of one of the parties, the pact or some of the its consequences are intended to be carried out in the territory of a different State.

2. In cross-border disputes between parties residing in different Member States of the European Union, the domicile shall be determined in accordance with Articles 59 and 60 of Council Regulation (EC) No 44/2001 of 22 December 2000. on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

Article 4. Effects of mediation on prescription and expiry time periods.

The application for the initiation of mediation under Article 16 shall suspend the prescription or the expiration of shares from the date on which the receipt of such request is made by the mediator, or the deposit with the institution of mediation in your case.

If within 15 calendar days of receipt of the request for initiation of mediation the minutes of the constituent session provided for in Article 19 are not signed, the time limit shall be resumed.

The suspension shall be extended to the date of the signature of the mediation agreement or, failing that, the signature of the final act, or when the termination of the mediation by any of the causes provided for in this Law occurs.

Article 5. The mediation institutions.

1. Institutions of mediation are considered by public or private entities, Spanish or foreign, and corporations governed by public law to have the impetus of mediation between their ends, facilitating access and administration of the (i) including the appointment of mediators, and should ensure transparency in the designation. If, among its purposes, the arbitration is also included, they shall take the measures to ensure the separation between the two activities.

The mediation institution will not be able to provide the mediation service directly, nor will it have any more intervention in the mediation service than the law provides.

Mediation institutions shall make known the identity of mediators acting within their scope, reporting at least their training, expertise and experience in the field of mediation to which they are engaged.

2. These institutions will be able to implement mediation systems by electronic means, in particular for disputes that consist of money claims.

3. The Ministry of Justice and the competent public authorities shall ensure that the mediation institutions respect, in the course of their activities, the principles of mediation established in this Law, as well as for the good performance of their activities. of the mediators, in the form that they establish their regulatory standards.

TITLE II

Mediation reporting principles

Article 6. Voluntariness and free disposition.

1. Mediation is voluntary.

2. Where there is a written agreement that expresses the commitment to submit to mediation the disputes that have arisen or that may arise, the procedure of good faith must be attempted before coming to the jurisdiction or other out-of-court solution. Such a clause shall take such effects even if the dispute is over the validity or existence of the contract in which it is established.

3. No one is required to stay in the mediation procedure or to conclude an agreement.

Article 7. Equality of the parties and impartiality of the mediators.

In the mediation procedure it will be ensured that the parties intervene with full equality of opportunity, maintaining the balance between their positions and respect for the views expressed by them, without the mediator may act to the detriment or interest of any of them.

Article 8. Neutrality.

Mediation actions shall be developed in such a way as to enable the parties to the conflict to achieve by themselves a mediation agreement, acting as the mediator in accordance with the provisions of Article 14.

Article 9. Confidentiality.

1. The mediation procedure and the documentation used in it is confidential. The obligation of confidentiality extends to the mediator, who will be protected by professional secrecy, mediation institutions and the intervening parties in such a way that they will not be able to disclose the information they could have obtained of the procedure.

2. The confidentiality of mediation and its content prevents mediators or persons involved in the mediation proceedings from being obliged to declare or provide documentation in a judicial proceeding or in an arbitration on the basis of the information and documentation derived from or related to a mediation procedure, except:

a) When the parties expressly and in writing dispense with the duty of confidentiality.

(b) Where, by means of a reasoned judicial decision, the judges of the criminal court order.

3. The breach of the duty of confidentiality will generate responsibility in the terms provided for in the legal order.

Article 10. The parties to the mediation.

1. Without prejudice to compliance with the principles laid down in this Law, mediation shall be organised in such a way as to ensure that the parties are suitable.

2. The parties subject to mediation shall act with each other in accordance with the principles of loyalty, good faith and mutual respect.

During the time the mediation is developed the parties may not exercise against the other parties any judicial or extrajudicial action in relation to their object, with the exception of the request for precautionary measures. other urgent measures essential to prevent the irreversible loss of goods and rights.

The commitment to submit to mediation and the initiation of mediation prevents the courts from knowing about the controversies that are subject to mediation during the time it takes place, provided that the party to whom it is interested in it by decline.

3. The parties shall provide ongoing collaboration and support for the action of the mediator, maintaining appropriate deference to their activity.

TITLE III

Mediator status

Article 11. Conditions to mediate.

1. Natural persons who are in full exercise of their civil rights may be mediators, provided that they are not prevented by the legislation to which they may be subject in the exercise of their profession.

Legal persons engaged in mediation, whether they are professional societies or any other provided by the legal system, shall designate for their exercise a natural person who meets the requirements laid down in the this Act.

2. The mediator must be in possession of an official university degree or higher vocational training and have specific training to carry out the mediation, which will be acquired through the completion of one or more specific courses by duly accredited institutions, which shall be valid for the exercise of the mediating activity in any part of the national territory.

3. The mediator must take out an equivalent insurance or guarantee covering civil liability arising from his action in the conflicts in which he intervenes.

Article 12. Quality and self-regulation of mediation.

The Ministry of Justice and the competent public administrations, in collaboration with the mediation institutions, will encourage and require the appropriate initial and ongoing training of mediators, the development of voluntary conduct, as well as the adherence of those and mediation institutions to such codes.

Article 13. Acting of the mediator.

1. The mediator shall facilitate communication between the parties and ensure that sufficient information and advice are available.

2. The mediator shall conduct active conduct aimed at bringing the parties closer together, with respect to the principles enshrined in this Law.

3. The mediator may waive the process of mediation, with the obligation to provide a record to the parties in which his resignation is recorded.

4. The mediator may not initiate or must leave the mediation where circumstances affecting his or her impartiality are present.

5. Before initiating or continuing its task, the mediator shall disclose any circumstances that may affect his or her impartiality or generate a conflict of interest. Such circumstances shall include, in any case:

a) Any type of personal, contractual or business relationship with one of the parties.

b) Any direct or indirect interest in the outcome of the mediation.

c) That the mediator, or a member of your company or organization, has previously acted in favor of one or more of the parties in any circumstance, with the exception of mediation.

In such cases the mediator may only accept or continue the mediation when it ensures that it can mediate with full impartiality and whenever the parties consent to it and expressly state it.

The duty to disclose this information remains throughout the mediation procedure.

Article 14. Responsibility of the mediators.

The acceptance of the mediation requires the mediators to fulfill the order faithfully, incurring, if they do not, in responsibility for the damages that they will cause. The injured party shall have direct action against the mediator and, where appropriate, the institution of mediation which corresponds independently of the reimbursement actions which are to be provided to the mediators. The responsibility of the mediation institution shall derive from the appointment of the mediator or the failure to fulfil the obligations incumbent upon it.

Article 15. The cost of the mediation.

1. The cost of the mediation, whether concluded or not with the outcome of an agreement, shall be divided equally between the parties, unless otherwise agreed.

2. Both mediators and the mediation institution may require the parties to provide the funds they deem necessary to meet the cost of mediation.

If the parties or any of them do not make in time the provision of funds requested, the mediator or the institution may terminate the mediation. However, if any party has not made its provision, the mediator or the institution shall, before agreeing the conclusion, communicate it to the other parties, in case they have an interest in supplying it within the time limit set.

TITLE IV

Mediation procedure

Article 16. Start request.

1. The mediation procedure can be started:

(a) By common agreement between the parties. In this case the application shall include the designation of the mediator or the mediation institution in which the mediation is to be carried out, as well as the agreement on the place where the sessions and the language or languages of the proceedings will take place.

b) By one of the parties in compliance with an existing mediation submission pact between those parties.

2. The request shall be made to the mediation institutions or to the mediator proposed by one of the parties to the other or already designated by them.

3. Where, on a voluntary basis, a mediation is initiated while a judicial process is under way, the parties to the common agreement may request their suspension in accordance with the provisions of the procedural law.

Article 17. Information and briefings

1. Upon receipt of the request and unless otherwise agreed by the parties, the mediator or the mediation institution shall cite the parties for the holding of the briefing. In the event of unjustified inattendance by any party to the information session, it shall be understood that they are not the requested mediation. Information about which party or parties did not attend the session will not be confidential.

In this session the mediator will inform the parties of the possible causes that may affect their impartiality, their profession, training and experience; as well as the characteristics of the mediation, its cost, the organization of the procedure and the legal consequences of the agreement which could be reached, as well as the time limit for signing the minutes of the constituent session.

2. Mediation institutions will be able to organise open information sessions for those persons who may be interested in coming to this dispute settlement system, which in no case will replace the information provided in the paragraph 1.

Article 18. Plurality of mediators.

1. The mediation will be carried out by one or more mediators.

2. If, due to the complexity of the matter or the convenience of the parties, the performance of several mediators in the same procedure occurs, they shall act in a coordinated manner.

Article 19. Constitutive session.

1. The mediation procedure will begin through a constituent session in which the parties will express their desire to develop mediation and will put on record the following aspects:

a) The identification of the parts.

(b) The appointment of the mediator and, where appropriate, the mediation institution or the acceptance of the mediator by one of the parties.

c) The object of the conflict that is submitted to the mediation procedure.

(d) The programme of actions and the maximum duration for the development of the procedure, without prejudice to its possible modification.

e) The cost information of the mediation or the basis for its determination, with separate indication of the mediator's fees and other possible expenses.

(f) The declaration of voluntary acceptance by the parties to the mediation and their obligations arising from it.

g) The venue and language of the procedure.

2. A record shall be drawn up for the constituent session, which shall be signed by both parties and by the mediator or mediators. In another case, such minutes shall state that the mediation has been attempted without effect.

Article 20. Duration of the procedure.

The duration of the mediation procedure will be as short as possible and your actions will focus on the minimum number of sessions.

Article 21. Development of mediation actions.

1. The mediator shall convene the parties for each session with the necessary prior notice, conduct the sessions and facilitate the presentation of their positions and their communication in an equal and balanced manner.

2. Communications between the mediator and persons in conflict may or may not be concurrent.

3. The mediator shall communicate to all parties the holding of meetings held separately with one of them, without prejudice to the confidentiality of the treaty. The mediator shall not be able to communicate or distribute the information or documentation that the party has provided, unless expressly authorized by the party.

Article 22. Termination of the procedure.

1. The mediation procedure may terminate in agreement or end without reaching such an agreement, either because all or some of the parties exercise their right to terminate the proceedings, communicate it to the mediator, or because there is after the maximum period agreed by the parties for the duration of the proceedings, as well as when the mediator is justified on the grounds that the positions of the parties are irreconcilable or another cause to be determined by the mediator.

With the termination of the procedure, the documents that you have contributed will be returned to each party. With the documents that have not been returned to the parties, a file shall be formed which shall be kept and guarded by the mediator or, where appropriate, the mediation institution, after the procedure has been completed, for a period of four months.

2. The waiver of the mediator to continue the procedure or the refusal of the parties to his mediator will only result in the termination of the procedure when no new mediator is appointed.

3. The final act shall determine the conclusion of the procedure and, where appropriate, reflect the agreements reached in a clear and comprehensible manner, or their termination for any other cause.

The minutes shall be signed by all the parties and by the mediator or mediators and an original copy shall be given to each of them. If any of the parties does not wish to sign the minutes, the mediator shall bear this in mind, giving a copy to the parties who so wish.

Article 23. The mediation agreement.

1. The mediation agreement may cover a part or all of the subjects submitted to the mediation.

The mediation agreement must include the identity and the address of the parties, the place and date of the signing, the obligations that each party assumes and that a mediation procedure has been followed. forecasts of this Law, with the indication of the mediator or mediators who have intervened and, where appropriate, of the mediation institution in which the procedure has been developed.

2. The mediation agreement shall be signed by the parties or their representatives.

3. The mediation agreement shall provide one copy to each of the parties, and another shall be reserved for conservation.

The mediator will inform the parties of the binding nature of the agreement reached and that they can urge their elevation to public writing in order to configure their agreement as an executive title.

4. The action of nullity may be exercised only in respect of the mediation agreement for the reasons which invalidate the contracts.

Article 24. Actions developed by electronic means.

1. The parties may agree that all or any of the mediation actions, including the constitutive session and the successive ones they deem appropriate, shall be carried out by electronic means, by videoconference or other analogue means of transmission of the voice or image, provided that the identity of the interveners is guaranteed and respect for the principles of mediation provided for in this Law.

2. A mediation consisting of a claim of a quantity not exceeding EUR 600 shall preferably be developed by electronic means, unless the use of such means is not possible for any of the parties.

TITLE V

Running the agreements

Article 25. Formalization of the executive title.

1. The parties may raise to public writing the agreement reached after a mediation procedure.

The mediation agreement shall be submitted by the parties to a notary accompanied by a copy of the minutes of the constitutive and final session of the procedure, without the need for the mediator's presence.

2. In order to carry out the lifting of the mediation agreement, the notary shall verify compliance with the requirements of this Law and that its content is not contrary to the law.

3. Where the mediation agreement is to be carried out in another State, in addition to the lifting of the public deed, it will be necessary to comply with the requirements which, where appropriate, may require international conventions in which Spain is a party and the rules of the European Union.

4. Where the agreement has been reached in a mediation developed after a judicial process is initiated, the parties may apply to the court for approval in accordance with the provisions of the Civil Procedure Act.

Article 26. Court competent for the execution of the mediation agreements.

The execution of the agreements resulting from a mediation initiated by a process will be in place before the court that approved the agreement.

If agreements were concluded after a mediation procedure, the Court of First Instance of the place where the mediation agreement had been signed, in accordance with the provisions of paragraph 2 of the Article 545 of the Civil Procedure Act.

Article 27. Implementation of cross-border mediation agreements.

1. Without prejudice to the provisions of the European Union legislation and the international conventions in force in Spain, a mediation agreement that would have already acquired executive force in another State could only be implemented in Spain when such a force (a) executive branch of a competent authority which develops functions equivalent to those carried out by the Spanish authorities.

2. A mediation agreement that has not been declared enforceable by a foreign authority may only be executed in Spain upon elevation to public deed by a Spanish notary at the request of the parties, or of one of them with the consent of the express of the others.

3. The foreign document may not be executed if it is manifestly contrary to the Spanish public order.

Additional disposition first. Recognition of mediation institutions or services.

Mediation institutions or services established or recognized by public administrations in accordance with the provisions of the laws may assume the mediation functions provided for in this Law as long as they comply with the law. conditions set out therein to act as mediation institutions.

Additional provision second. Impulse to mediation.

1. The competent public authorities for the provision of material means at the service of the Administration of Justice shall provide for the making available to the courts and the public of information on mediation such as alternative to the judicial process.

2. The competent public authorities shall endeavour to include mediation within the free advice and guidance prior to the process provided for in Article 6 of Law 1/1996 of 10 January of Free Legal Assistance, in so far as it is to reduce both litigation and its costs.

Additional provision third. Public writes of formalization of mediation agreements.

For the calculation of the notarial fees of the public deed of formalization of the mediation agreements, the tariffs corresponding to the "Documents without value" provided for in the number 1 of Annex I of the Royal Decree 1426/1989 of 17 November 1989 approving the tariff of notaries.

Additional provision fourth. Equal opportunities for people with disabilities.

Mediation procedures should ensure equal opportunities for people with disabilities. To this end, they must comply with the provisions of Royal Decree 366/2007 of 16 March 2007 laying down the conditions for accessibility and non-discrimination of persons with disabilities in their relations with the General Administration of the Status.

In particular, the accessibility of the environments, the use of the sign language and the means of support for oral communication, braille, tactile communication or any other means or system that allows for the accessibility of the persons with disabilities to participate fully in the process.

The electronic means referred to in Article 24 of this Law must comply with the conditions of accessibility provided for in Law 34/2002 of 11 July on the services of the information society and commerce. electronic.

Repeal provision.

Real Decree-Law 5/2012, of March 5, is repealed, mediation in civil and commercial matters.

Final disposition first. Amendment of Law 2/1974 of 13 February of Professional Colleges.

Article 5 (n) of Law 2/1974, of 13 February, of Professional Colleges, has the following wording:

"n) To promote and develop mediation, as well as to perform arbitration, national and international functions, in accordance with the provisions of current legislation."

Final disposition second. Amendment of Law 3/1993, of 22 March, Basic of the Official Chambers of Commerce, Industry and Navigation.

Article 2 (1) (i) of Law 3/1993, of March 22, Basic of the Official Chambers of Commerce, Industry and Navigation, is amended as follows:

"i) To promote and develop mediation, as well as to perform functions of commercial, national and international arbitration, in accordance with the provisions of the legislation in force."

Final disposition third. Amendment of Law 1/2000 of 7 January of Civil Procedure.

Articles 19, 39, 63, 65, 66, 206, 335, 347, 395, 414, 415, 438, 440, 443, 517, 518, 539, 545, 548, 550, 556, 559, 576 and 580 of Law 1/2000, of 7 January, of Civil Procedure are hereby amended as follows:

One. Article 19 (1) is worded as follows:

" 1. Litigants are empowered to dispose of the object of the trial and may resign, desist from the trial, be raided, submitted to mediation or arbitration, and compromise on whatever is the subject of it, except where the law prohibits or establishes limitations for reasons of general interest or for the benefit of third parties. "

Two. Article 39 is amended, as follows:

" Article 39. Assessment of the lack of international jurisdiction or jurisdiction at the request of a party.

The defendant may report by declination the lack of international jurisdiction or the lack of jurisdiction to belong to the case to another court order or to have submitted to arbitration or mediation the controversy. "

Three. The first subparagraph of Article 63 (1) is worded as follows:

" 1. By means of the declinatory, the defendant and those who may be a legitimate party in the promoted trial may denounce the lack of jurisdiction of the court before which the suit has been filed, for the knowledge of the court is a matter for the court. aliens, to organs of other court order, to arbitrators or to mediators. "

Four. The second subparagraph of Article 65 (2) is reworded as follows:

"Similarly, the court will proceed if it considers the declination founded on having submitted the matter to arbitration or to mediation."

Five. Article 66 is worded as follows:

" Article 66. Resources in matters of international jurisdiction, jurisdiction, submission to arbitration or mediation and objective competence.

1. Against the self-failure to know for lack of international competence, for membership of the case to court of other court, for having submitted the case to arbitration or to mediation or for lack of objective competence, goat appeal of appeal.

2. Against the order in which the lack of international jurisdiction, jurisdiction or objective jurisdiction is rejected, only recourse to replacement shall be provided, without prejudice to the lack of such procedural budgets in the appeal against the judgment. definitive.

The provisions of the preceding paragraph shall also apply where the order rejects the submission of the matter to arbitration or to mediation. "

Six. Rule 2 (2) of Article 206 (2) is amended, which shall be amended as follows:

" 2. Autos shall be given when deciding on remedies against providences or decrees, when resolved on admission or inadmission of demand, counterclaim, accumulation of shares, admission or inadmissibility of proof, approval judicial transactions, mediation agreements and conventions, precautionary measures and the nullity or validity of the proceedings.

They will also be in the form of self-order resolutions dealing with procedural budgets, registrations and registrations and incidental issues, whether or not they have been identified in this special processing law, provided that in such cases the law requires a decision of the Court, as well as those that put an end to the proceedings of an instance or an appeal before the end of its ordinary procedure, except that, in respect of the latter, the law would have been required to conclude by decree. "

Seven. A new paragraph 3 is added to Article 335, with the following wording:

" 3. Unless otherwise agreed by the parties, no opinion may be requested from an expert who has intervened in a mediation or arbitration relating to the same subject. "

Eight. The second subparagraph of Article 347 (1) shall be worded as follows:

" The court shall only refuse requests for intervention which, for its purpose and content, have to be deemed to be impertinent or useless, or where there is a duty of confidentiality arising from the intervention of the expert in a previous mediation procedure between the parties. "

Nine. The second subparagraph of Article 395 (1) is amended as follows:

" It is understood that, in any event, there is bad faith, if before the application was filed, the defendant would have been asked to have a reasonable and justified request for payment, or if a mediation or mediation procedure had been initiated. against the request for conciliation. "

Ten. The second subparagraph of Article 414 (1) shall be replaced by the following:

" In this call, if it has not been done before, the parties will be informed of the possibility of resorting to a negotiation to try to resolve the conflict, including the use of a mediation, in which case they indicate in the hearing their decision on the matter and the reasons for the hearing.

The hearing will take place, as set out in the following articles, to attempt an agreement or transaction of the parties to terminate the proceedings, to examine the procedural issues that may be to the prosecution of the latter and its termination by judgment on its subject matter, to set precisely that object and the ends, in fact or in law, on which there is a dispute between the parties and, where appropriate, to propose and admit the evidence.

In the process, the court may invite the parties to seek an agreement to terminate the proceedings, if necessary through a mediation procedure, urging them to attend a session. information. "

Once. Article 415 (1) and (3) shall be amended as follows:

" 1. The court shall declare the act open and check whether the dispute between the parties has been opened.

If they have agreed to an agreement or are willing to conclude it immediately, they may desist from the process or request the court to approve the agreement.

The parties to the agreement may also request the suspension of the process in accordance with the provisions of Article 19.4 for mediation or arbitration.

In this case, the court will examine previously the concurrence of the requirements of legal capacity and the power of disposition of the parties or their duly accredited representatives, who attend the event. "

" 3. If the parties have not reached an agreement or are not prepared to conclude it immediately, the hearing shall continue as provided for in the following Articles.

When the process for mediation, terminated, has been suspended, either party may request that the suspension be lifted and a date is set for the continuation of the hearing. "

Twelve. An exception 4 is added to Article 438 (3), with the following wording:

" 4. In the procedures of separation, divorce or nullity and in which they are intended to obtain the civil effectiveness of the ecclesiastical decisions or decisions, any of the spouses may simultaneously exercise the division of the common thing with respect to the goods that they have in ordinary community undivided. If there are several goods under an ordinary undivided community and one of the spouses so request, the court may consider them as a whole for the purposes of forming lots or awarding them. "

Thirteen. Article 440 (1) is read as

:

" The judicial secretary, who shall examine the application, shall admit it or give the court's account to the court to resolve the matter as provided for in Article 404. When the application is accepted, the judicial secretary shall cite the parties for the holding of the hearing on the day and hour for which it is necessary for the purpose to be held, at least 10 days from the date of the summons and without the possibility of exceeding twenty days.

The summons will inform the parties of the possibility of resorting to a negotiation to try to resolve the conflict, including the use of a mediation, in which case they will indicate in the hearing their decision on the matter and the reasons for it.

In the citation it will be stated that the view will not be suspended for the inattendance of the defendant and the litigants will be warned that they will contest with the means of proof that they try to be worth, with the prevention that if not The facts of the examination may be considered to be admissible and shall be proposed and admissible, in accordance with the provisions of Article 304. In addition, the applicant and the defendant shall be prevented from appearing in Article 442 if they do not appear in the hearing.

The summons will also indicate to the parties that, within three days of the receipt of the summons, the persons who, for not being able to present themselves, must be indicated by the judicial secretary. to the view that they should declare as parts or witnesses. To this end, they shall provide all the necessary data and circumstances to carry out the summons. Within the same period of three days, the parties may request written responses from legal persons or public entities, for the formalities laid down in Article 381 of this Law. "

Fourteen. Article 443 (3) is worded as follows:

" 3. Having heard the complainant on the questions referred to in the previous paragraph, as well as those which I consider it necessary to propose concerning the personality and representation of the defendant, the court shall decide what is appropriate and, if it is to continue the judgment, the defendant may request the record of his/her disagreement for the purposes of appealing against the judgment which ultimately falls on him.

In the process, the court may invite the parties to seek an agreement to end the process, if any, through a mediation procedure, urging them to attend a briefing. The parties to the agreement may also request the suspension of the process in accordance with Article 19.4 for mediation or arbitration. "

Fifteen. Article 517 (2) (2) is amended as follows:

" 2. Awards or arbitration agreements and mediation agreements, with the latter having been elevated to public deed in accordance with the Law of Mediation on Civil and Commercial Matters. "

Sixteen. Article 518 is amended as follows:

" Article 518. Expiration of the executive action founded in court judgment, or arbitration or mediation agreement.

The executive action established in judgment, in judgment of the court or of the judicial clerk approving a court settlement or an agreement reached in the process, in arbitration or in the mediation agreement shall lapse if not the corresponding executive claim is filed within five years following the firmness of the judgment or judgment. "

seventeen. A new paragraph is added to Article 539 (1), with the following wording:

"For the execution resulting from a mediation agreement or an arbitration award, the intervention of attorney and prosecutor shall be required provided that the amount for which the execution is issued is greater than 2,000 euros."

Eighteen. Article 545 (2) is worded as follows:

" 2. Where the title is an arbitration award or a mediation agreement, it shall be competent to refuse or authorise the execution and the relevant office of the Court of First Instance of the place where the award was made or the award was signed. mediation agreement. "

nineteen. Article 548 is amended as follows:

" Article 548. Time limit for waiting for the execution of procedural or arbitration decisions or mediation agreements.

No enforcement of procedural or arbitration decisions or mediation agreements shall be issued within twenty days after the time the conviction resolution is final, or the resolution of approval of the agreement or of the signature of the agreement has been notified to the executed. "

Twenty. A new paragraph is added to the ordinal 1. 1 of Article 550 (1), with the following wording:

"When the title is an agreement of mediation elevated to public deed, it shall be accompanied, in addition, a copy of the minutes of the constitutive and final session of the procedure."

Twenty-one. The first subparagraph of Article 556 (1) and the first subparagraph of Article 556 are amended as follows:

" Article 556. Opposition to the enforcement of procedural or arbitration decisions or mediation agreements.

1. If the enforceable title is a procedural or arbitral judgment of conviction or a mediation agreement, the execution, within 10 days of the notification of the order in which it is issued, may oppose it in writing on the grounds of the payment or enforcement of the order in the judgment, award or agreement, which shall be documented in the document. "

Twenty-two. New wording is given to the ordinal 3. of Article 559 (1):

" 3. No radical nullity of execution for failure to contain the judgment or the arbitral award pronouncements of conviction, or because the award or the mediation agreement does not meet the legal requirements required to carry out enforcement, or for infringement, upon dispatch, of the provisions of Article 520. "

Twenty-three. Article 576 (3) is worded as follows:

" 3. The provisions of the foregoing paragraphs shall apply to all types of court decisions of any court order, arbitration awards and mediation agreements which impose the payment of a liquid quantity, except for specialities legally provided for public finances. "

Twenty-four. New wording is given to Article 580, which is worded as follows:

" Article 580. Cases where the order for payment is not applicable.

When the executive title consists of decisions of the judicial secretary, judicial or arbitration decisions or that approve transactions or agreements reached within the process, or mediation agreements, that they require to deliver certain amounts of money, it will not be necessary to require payment to the executed to proceed to the embargo of his assets. "

Final disposition fourth. Amendment of Law 34/2006 of 30 October on access to the professions of Advocate and Procurator of the Courts.

Article 2 and the single transitional provision are amended and two further additional provisions, eighth and ninth, are added to Law 34/2006 of 30 October on access to the professions of the Advocate and Procurator of the Courts, in the following terms:

One. Article 2 (3), which is worded as follows, is amended as follows:

"Professional titles regulated in this Law shall be issued by the Ministry of Justice."

Two. A new eighth additional provision is added, with the following wording:

" Additional disposal octave. Law graduates.

The professional titles that are regulated in this Law will not be enforceable to those who obtain a degree of licentiate in law after the entry into force of the law, provided that within the maximum period of two years, to count from the moment they are in a position to apply for the issue of the official degree of licentiate in law, they shall proceed to be collegial, as exercised or not exercised. "

Three. A new additional provision is added as follows, with the following wording:

" Additional provision ninth. Approved foreign securities.

The professional titles that are regulated in this Law shall not be enforceable to those who at the time of entry into force of this Law have applied for the approval of their foreign title to that of a law graduate, always which, within a maximum period of two years, from the moment they obtain such approval, proceed to be collegial, as exercised or not exercised. '

Four. Paragraph 3 of the single transitional provision is amended, which is worded as follows:

" 3. Those who, at the time of the entry into force of this Law, are in possession of the degree of licentiate or degree in law or in a position to request their issue and are not included in the preceding paragraph, shall have a a maximum of two years, from the date of entry into force, to proceed as a collective, as an exercise or non-exerciser, without being required to obtain the professional qualifications which are regulated therein. '

Final disposition fifth. Competence title.

This Law is issued under the exclusive jurisdiction of the State in matters of commercial, procedural and civil law, established in Article 149.1.6. and 8. of the Constitution. Notwithstanding the foregoing, the amendment of Law 34/2006 is made pursuant to Article 149.1.1., 6. and 30. of the Constitution.

Final disposition sixth. Incorporation of European Union rules.

This Law incorporates into Spanish law Directive 2008 /52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters.

Final disposition seventh. Simplified mediation procedure by electronic means for quantity claims.

The government, on the initiative of the Ministry of Justice, will promote the resolution of conflicts that will deal with quantity claims through a simplified mediation procedure that will be developed exclusively by electronic means. The parties ' claims, which shall in no case be referred to as arguments for the right of confrontation, shall be reflected in the forms of application for the procedure and their reply which the mediator or the institution of mediation shall provide to those concerned. The procedure shall be for a maximum of one month from the day following the receipt of the application and shall be extended by agreement of the parties.

Final disposition octave. Regulatory development of the control of compliance with the requirements of the mediation required in the Law.

1. The Government, acting on the initiative of the Minister of Justice, may provide for regulations governing the instruments deemed necessary for the verification of compliance with the requirements of this Law for mediators and the institutions of mediation, as well as its advertising. These instruments may include the creation of a Registry of Mediators and Mediating Institutions, which is dependent on the Ministry of Justice and coordinated with the Mediation Records of the Autonomous Communities, and in which the non-compliance with the requirements set out in this Law may be reduced to a mediator.

2. The Government, at the initiative of the Ministry of Justice, may determine the duration and minimum content of the course or courses which the mediators will have to carry out in order to acquire the necessary training for the performance of the mediation, how the training continues to be received.

The scope of the obligation to secure the civil liability of the mediators may be developed.

Final disposition ninth. Assessment of the measures taken by this Law.

The Government must forward to the General Cortes, within two years, a report on the implementation, effectiveness and effects of the package of measures adopted by this Law for the purpose of evaluating its operation.

This report will also include the possible adoption of other measures, both substantive and procedural, which, through appropriate initiatives, will improve mediation in civil and commercial matters.

Final disposition tenth. Entry into force.

This Law shall enter into force on the twentieth day of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 6 July 2012.

JOHN CARLOS R.

The President of the Government,

MARIANO RAJOY BREY