THE ARBITRATION AND MEDIATION IN SPAIN

The level of litigiousness in Spain is very high, due in large part to the fact that disagreements and conflicts that usually arise in interpersonal relationships are settled exclusively by judicial procedures. This situation contributes to our courts having to deal with an increasing number of issues difficult to handle with the existing resources, and in many cases this is a way that does not adequately meet expectations. Hence it is necessary to encourage means of alternative dispute resolution such as mediation, which has advantages to be gained by both citizens and the judicial system itself. From this reflection, the General Council of the Judiciary, recognizing the importance of promoting mediation, introduced it under the Plan for Modernization of Justice approved in November 2008, the one that has guided the current team. The Plan is an ambitious work programme which includes a clear commitment to stimulate the momentum of mediation, helping to create a << culture of mediation >> between judges, as well as promoting pilot projects in intra-judicial mediation. Experiences in intra-judicial mediation started in family and criminal law and, given its success, it was considered desirable to extend it to other areas as civil, commercial and social matters, and even to extend it soon to the administrative division