On July 3, 2023, the Union of Consumers of Aragón (UCARAGON), in collaboration with the Government of Aragón, published a document for the dissemination, promotion, and disclosure of mediation.
Firstly, the document highlights the differences between mediation and arbitration. In mediation, the agreement is reached by the will of the parties, with the mediator not taking part in the decision or agreement. Furthermore, in case of non-compliance, a judicial procedure can be initiated. However, in the case of arbitration, the decision is made by an arbitrator and has executive effects, so non-compliance entails filing an executive procedure for enforcement.
Likewise, mediation is defined as "a means of resolving disputes in which two or more parties voluntarily attempt to reach an agreement with the intervention of a mediator, who directs the process and facilitates agreement-making." Additionally, it allows dispute resolution without the need to resort to the judicial process.
On the other hand, the document also outlines the advantages of turning to mediation, emphasizing that it is a voluntary, confidential, and neutral procedure. Furthermore, as we have been pointing out at Mediautor, it is also a procedure with lower costs compared to the judicial route.
Finally, it should be noted that, according to the information provided in the document, mediation can be used in proceedings related to family, civil, criminal, commercial, and administrative matters. In this regard, it is worth highlighting that Mediautor specializes in intellectual property and cultural industries mediation.
Source: UCARAGON (¿Qué es la mediación?, ¿Qué es la mediación? Un proyecto de UCARAGÓN y el Gobierno de Aragón), Mediautor (Mediautor participa en el Foro DENAE sobre “Soluciones de mediación en conflictos de propiedad intelectual y derecho tecnológico”).