This article sets out the essential characteristics of the Mediation in Spain after the transposition of Directive 2008/52/CE on certain aspects of mediation in civil and commercial matters, in comparison to the «non cross border» mediation in England and Wales. The article continues analyzing mediation and other settlement agreements in England and Wales in order to understand its success in this jurisdiction. In this respect, the article covers up the issue of how costs are imposed by the English Courts when parties unreasonably refuse to mediate. From the writer´s view, this is the trigger event that impulses mediation as a first resort method to resolve conflicts. In addition, the article explains how (in England) information is exchanged prior to any trial, which also promotes mediation in so far as it simplifies facts in order to arrive to a settlement between the parties.
Iurgium [previously Spain Arbitration Review]