Mediation is consolidating in Aragon as a key tool for resolving business conflicts.

 

The meeting held in Zaragoza, in collaboration with the Aragonese Court of Arbitration and Mediation, brought together leading professionals to discuss mediation as Alternative Dispute Resolution Method (ADR).

 

The president of the CEM, Rafael Catalá, emphasized the cultural significance of this change: "The great value of mediation is the cultural change: moving from a society that judicializes millions of cases a year, to another capable of resolving differences through dialogue, negotiation and agreement". Catalá pointed out that, with more than six million judicial procedures annually in Spain, mediation is essential for democratic societies to have quick, efficient and effective solutions. do not deteriorate relations between the parties"Hopefully, we can also transfer this model to our institutions and economic operators, because conflict is part of everyday business life. And in an advanced society, dialogue is the tool that allows us to resolve disputes," he concluded.

 

For its part, Manuel Rodríguez Chesa, president of the Aragonese Council of Chambers of Commerce, agreed on the value of mediation in replacing the formula of "win-lose" by the of the "win-win", thus avoiding the high costs, loss of time and the strain on relationships that litigation entails.

 

Legal impetus and challenges for its consolidation

 

La Organic Law 1 / 2025, on measures regarding the efficiency of the Public Justice Service, was a central issue, as it introduces the requirement of admissibility of resorting to a MASC before going to court.

 

In a round table moderated by Fernando Cabello de los Cobos, Secretary General of the CEM, and with the participation of Alfredo Sanchez-Rubio (Dean of the Royal and Illustrious Bar Association of Zaragoza), Francisco de Asís González (Professor of Procedural Law) and José María Cester (president of the Aragonese Court of Arbitration and Mediation), the challenges of the new regulations were addressed.

 

Cabello de los Cobos was emphatic in stressing the need for financial support: "This financial support is key to promoting its use and reach," referring to the importance of establishing specific financing mechanisms so that mediation is a tool accessible to all companies, regardless of its size.

 

Experts agreed that the law represents a decisive impulse, but its success will be linked to the training, investment and involvement of professionals, highlighting the fundamental role of the legal profession in this change. They also noted that companies that have resorted to mediation often repeat the experience, a fact that underlines the benefits of preserve trust and mutual relationshipsIn this context, institutions such as the EMC and Aragonese Court of Arbitration and Mediation are essential to ensure the transparency and proper development of the procedure.

 

Growing interest in SMEs and the importance of clauses

 

Since the entry into force of LO 1/2025, there has been a increase in requests for mediation, especially among the SMEsThis growing interest reflects a Change of trend that requires a strong institutional collaboration to consolidate mediation as the preferred method of conflict resolution in Spain.

 

The day included a practical workshop where experts such as Javier Nieto, Francisco Javier Crespo and José Hernán Cortés They shared business practices. They emphasized the importance of companies incorporating mediation clauses in their contracts and know actively exploit its advantages to resolve complex conflicts without damaging business relationships.

 

The closing was carried out by Manuel Bellido, president of the High Court of Justice of Aragon, who warned that the real success of the mediation will depend on not to turn the legal requirement into a simple procedure that makes the processes more expensive. He insisted on two pillars: Convince the legal profession to "prescribe" mediation agreements and have truly prepared mediators. Only in this way, he concluded, will it be possible to overcome the lack of negotiating tradition in Spain and consolidate mediation as an effective and reliable mechanism.