When and how can mediation be carried out with the Administration?

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What is meant by mediation? Mediation is an alternative conflict resolution system, different from judicial means and arbitration, by which two or more people called "the parties" work on their conflict with the help of a third party, the mediator, so that, if they wish, reach an agreement satisfactory to the interests of all of them. Based on this definition, it is observed that mediation can be seen as: Self-composition formula since it is an effective instrument for resolving disputes when the legal conflict affects subjective rights of an available nature. Institution ordered to legal peace, by virtue of the fact that it contributes to conceiving the courts of justice in this sector of the legal system as a last remedy in case it is not possible to remedy the situation by the mere will of the parties, and can be a skillful contributor to reducing their workload, reducing their intervention in cases in which the opposing parties have not been able to put an end to the controversial situation through agreement. Therefore, when and how can mediation be carried out with the Administration.

Regulations governing mediation in the administrative field To know how you can carry out mediation with the Administration , the first thing you should know is the regulations that regulate this alternative conflict resolution system in the administrative field. In this sense, we find: At the community level, Directive 2008/52/EC of the European Parliament and of the  on certain aspects of mediation in civil and commercial matters, constituting the first measure to promote mediation in disputes civil and commercial in general. On the other hand,  the Common Administrative Procedure of Public Administrations which British Student Phone Number List in its article 86, that “Public Administrations may enter into agreements, pacts , agreements or contracts with persons of both public and private law, provided that they are not contrary to the legal system or deal with matters not susceptible to transaction and their objective is to satisfy the public interest entrusted to them, with the scope, effects and specific legal regime that, where appropriate, provides for the provision that regulates it, and such acts may be considered as ending the administrative procedures or be inserted in them prior, binding or not, to the resolution that puts an end to them.



The aforementioned Law provides that “Laws may replace the appeal, in certain sectoral cases or areas, and when the specificity of the matter so justifies, by other procedures of challenge, claim , conciliation, mediation and arbitration, before collegiate bodies or specific Commissions not subject to hierarchical instructions, with respect to the principles, guarantees and deadlines that this Law recognizes to the people and interested parties in all administrative procedures.” For its part, article 77 of Law 29/1998, of July 13, regulating the Contentious-Administrative Jurisdiction, (Law 29/1998), provides that “In proceedings in the first or sole instance, the Judge or Court , ex officio or at the request of a party, once the claim and response have been formulated, may submit to the consideration of the parties the recognition of facts or documents, as well as the possibility of reaching an agreement that puts an end to the controversy.