Revista Electrónica de Estudios Internacionales (Jun 2013)
Impulso de la mediación en Europa y España y ejecución de acuerdos de mediación en la Unión Europea como documentos públicos con fuerza ejecutiva
Abstract
Mediation in civil and commercial matters has received the necessary impetus of the European legislator to be implemented in the European Union. The new Spanish Act 5/2012 derives from the transposition of the Directive of 2008 on mediation, although with a broader scope. This study proposes the analysis of various elements of the new regulation, focusing on one in particular: the circulation of mediation settlements in the European Union as authentic instruments with enforceable nature, as one of the key aspects of the success of this dispute resolution mechanism in cross-border cases. The harmonization which has taken place in this field has open the regime of the circulation of authentic instruments in the European Union to settlements reached by the parties in mediation procedures, and this is presented as an opportunity to provide an overview of the present and future of the circulation of this type of documents in the European Union
