The House of Representatives passed legislation Thursday that seeks to implement non-adversarial methods of RESOLUTIONof desjudicializados and conflicts. "This will more quickly to justice," enthused the Socialist Lamberto
The Chamber of Deputies of the province on Thursday approved the mediation law, who had returned to the Lower House after the Senate approved it with some modifications. The legislation, part of the process of judicial reform promoted by the provincial government was held for socialism: "This will more quickly to justice," enthused President Raul lawmakers block Lamberto.
, the new law instituting mandatory mediation as a stage prior to initiation of any judicial process, unlike current law 11,622 which promotes mediation as a voluntary body.
"This project is a response to the significant increase in interpersonal conflicts that are caused, among other factors, the population increase in the complexity of current relations and the increasing levels of complexity and conflict "said Lambert. He added: "These conflicts the vast majority are not resolved according to the interests at stake, or recognized as the only option the courts, thus causing excessive prosecution of disputes. "
"Mediation is a way of managing disputes in which a person, especially prepared with tools for it, driving its development, being the architects of the stakeholders themselves understand solutions that meet their demands. This is a participatory and inclusive approach in which we work in seeking the satisfaction of interests and needs of everyone, "said the legislator.
may be mediators professionals with bachelor's attorney or prosecutor and co-mediators should have tertiary degree or may be graduates of other professions. But the system does not leave out the lawyers, provides legal assistance to the parties and the free assistance of the mediation service who can not justify to afford it.
"With this law, Santa Fe is incorporated into the provinces and territories of this country that have mandatory mediation, this is the case the federal level (Law 24573 and 26589), the Autonomous City of Buenos Aires, the provinces of Mendoza, Tucumán, Córdoba, Chaco, Corrientes, Entre Rios, San Luis, Black River, Tierra del Fuego and Salta, among others, "said Lambert.
How does mediation system?
Summarized in a few points, the main features of what was just passed in the Legislature
The main features of the system of mediation:
1 - instituting mandatory mediation as a stage prior to the initiation of judicial proceedings.
2 - Exceptions which are not compulsory mediation prior rules: criminal cases and family violence, separation actions personal and divorce, annulment of marriage, parentage, adoption, acts in which the state at different levels, is a party; amparo, habeas corpus and habeas data, precautionary measures, preparation and preserving evidence, probate, reorganization and bankruptcy, voluntary processes, convening an assembly of co-owners under Article 10 of Law No. 13,512 (freehold), and all those cases where this is in the public interest or the interests of the parties is unavailable.
3 - optional character of mediation to the holder of the action: performances of enforcement and court decisions, and judgments of eviction and rent collection.
4 - The mediation is requested from a registry that will work on headquarters Ministry of Justice and Human Rights in the Province. The mediator will be appointed by lot from that record.
5 - Within 10 days of designation, the mediator must summon the parties to a hearing. It held so many hearings as necessary, in order to reach an agreement between the parties. Each write a minute meeting, which contains all the data of present and content of the meeting.
6 - What is at issue in the field of mediation is confidential. The mediator must maintain confidentiality.
7 - The parties must attend personally and legal counsel.
8 - The period of the mediation process shall 45 working days, unless expressly agreed by extending the same parts.
9 - may act as mediators lawyers specializing in this field. If the case merits, and the parties agree, will join co-mediators, who must be university graduates and have specific training in mediation.
10 - Mediation ends if no agreement. Also if one party decides to terminate the procedure, or if one party is absent, or by decision of the mediator.
11 - The agreement implemented in minutes and registered with the Authority, shall be enforceable.
12 - The mediators' fees shall not be less than one unit JUS five units or greater than JUS. The lawyers and attorneys fees are determined according the current guidelines (freedom of parties) and under the guidelines applicable regulations (Act 6767). The same way we calculated the contributions to pension funds.
13 - Ballot only regulates the initiation of medication. The mediator has the obligation of the mediator to require and verify the payment of the initiation of mediation ballot as determined by the regulation.
14 - provides free legal assistance and coverage of the costs of mediation by the state for those resources which do not appear to meet these expenses.
15 - 11 622 is repealed Act (voluntary mediation) y se establece que esta ley regirá a partir de los 180 días de su publicación.
Summarized in a few points, the main features of what was just passed in the Legislature
The main features of the system of mediation:
1 - instituting mandatory mediation as a stage prior to the initiation of judicial proceedings.
2 - Exceptions which are not compulsory mediation prior rules: criminal cases and family violence, separation actions personal and divorce, annulment of marriage, parentage, adoption, acts in which the state at different levels, is a party; amparo, habeas corpus and habeas data, precautionary measures, preparation and preserving evidence, probate, reorganization and bankruptcy, voluntary processes, convening an assembly of co-owners under Article 10 of Law No. 13,512 (freehold), and all those cases where this is in the public interest or the interests of the parties is unavailable.
3 - optional character of mediation to the holder of the action: performances of enforcement and court decisions, and judgments of eviction and rent collection.
4 - The mediation is requested from a registry that will work on headquarters Ministry of Justice and Human Rights in the Province. The mediator will be appointed by lot from that record.
5 - Within 10 days of designation, the mediator must summon the parties to a hearing. It held so many hearings as necessary, in order to reach an agreement between the parties. Each write a minute meeting, which contains all the data of present and content of the meeting.
6 - What is at issue in the field of mediation is confidential. The mediator must maintain confidentiality.
7 - The parties must attend personally and legal counsel.
8 - The period of the mediation process shall 45 working days, unless expressly agreed by extending the same parts.
9 - may act as mediators lawyers specializing in this field. If the case merits, and the parties agree, will join co-mediators, who must be university graduates and have specific training in mediation.
10 - Mediation ends if no agreement. Also if one party decides to terminate the procedure, or if one party is absent, or by decision of the mediator.
11 - The agreement implemented in minutes and registered with the Authority, shall be enforceable.
12 - The mediators' fees shall not be less than one unit JUS five units or greater than JUS. The lawyers and attorneys fees are determined according the current guidelines (freedom of parties) and under the guidelines applicable regulations (Act 6767). The same way we calculated the contributions to pension funds.
13 - Ballot only regulates the initiation of medication. The mediator has the obligation of the mediator to require and verify the payment of the initiation of mediation ballot as determined by the regulation.
14 - provides free legal assistance and coverage of the costs of mediation by the state for those resources which do not appear to meet these expenses.
15 - 11 622 is repealed Act (voluntary mediation) y se establece que esta ley regirá a partir de los 180 días de su publicación.
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