Mandatory mediation: ¿Is it necessary to review the existing model?

Abstract

This work examines critically the rule of compulsory mediation, proposing to rethink the need to reformulate the fundamental feature of the system.It intends to review the legal regime of mandatory transit through the mediation process in every almost every civil matter, without working on the remaining incentives
to achieve a negotiated solution. Temporarily, until mediation is included on a comprehensive justice system reform, it states the possibility of reducing the scope of mandatory mediation rule, applying it automatically only in co-existential cases.
In the remaining matters capable of mediation, these provisional arrangements should allow the parties or judges to analyze in each case the advantages of attending an out-of-court mediator to assist them in the resolution of their conflicts.