Published RD 980/2013 establishing certain aspects of the Law 5/2012, about mediation in civil and commercial matters

The BOE released the RD 980/2013 of 13th December, amending certain aspects of Law 5 /2012, of July 6, mediation in civil and commercial matters develop

. This RD develops Law 5/2012 mainly in four aspects:

- The education of the mediator.

- Advertising through a registry.

- Compulsory insurance of liability of intermediaries.

- Promoting a simplified procedure for mediation electronically.

Regarding the education of the mediator there are not strict requirements. There will be imparted by training centres or institutions, public or private, that have legal authorization to conduct such activities or with permission by the public authorities with jurisdiction in the matter. It starts with an open design, which, with a minimum of one hundred hours, a theoretical and practical part, a yield of at least 35 100 of the total is insured. Also include minimum requirements to ensure the updating of knowledge.

The Register of Mediators and Mediation Institutions consist of a computerized database which will be accessed free of charge through the website of the Ministry of Justice. It will consist of three sections: one for mediators and other mediators for bankruptcy for a third mediating institutions. Only the registration of mediators’ insurance is mandatory. The insurances of the other experts will be voluntary and will prove the status of mediator.

The insurance obligation, that the law imposes on Mediation mediators articulated through a contract of liability insurance or equivalent to cover damages resulting from his performance guarantee.

The law, also determines which are the requirements to go to simplified mediation procedure for electronic claim amounts that do not exceed six hundred Euros.