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In Article 9 of Directive 2008/52/EC of 21 May, states that the State shall, by any means it deems appropriate, access to the general public, particularly via the Internet, information on how to contact mediators and organizations providing mediation services.
Law 5/2012, dated July 6, mediation in civil and commercial matters, published in the Official Gazette number 162 dated July 7, 2012 which repeals Royal Decree-Law 5/2012 of March 5, incorporates into Spanish law Directive 2008/52/EC of the European Parliament and the Council of 21 May 2008, certain aspects of mediation in civil and commercial matters.
Mediation means that a means of settling disputes, whatever their denomination, in which two or more parties attempt to voluntarily reach an agreement themselves with the intervention of a mediator.
The mediation model is based on voluntariness and free choice of the parties and the intervention of a mediator, which is to active intervention aimed at resolving the dispute by the parties themselves.
They are recognized as mediating institutions, public or private entities and corporations of public law whose aims include the promotion of mediation, facilitating access and administration thereof, including the appointment of mediators.
The whole negotiation process should culminate in an agreement between the involved part, drawn up in notarial deed with the commitments made and endorsed the participation of the mediator.
Among the advantages of mediation is to highlight their ability to give practical, effective and profitable to certain disputes between the parties and set it as an alternative to legal proceedings or arbitration, of which is to demarcate clearly. Mediation is built around the involvement of a neutral professional who facilitates the resolution of the conflict by the parties themselves, in an equitable manner, allowing the maintenance of the underlying relationships and retaining control over the end of the conflict.