Event 02 Dec. 2020

Partner Antonio M. Prida participates in Fundación Fide panel on Mediation in Mexico

Mexico City Partner Antonio M. Prida will take part in a panel discussion entitled, “Mediation: Practice and Commentary,” on Thursday, December 3, 2020. Mr. Prida will be joined on the panel by Mr. Carlos Porcel, a partner of PSR Asesores Empresariales (Mexico), and Raquel Alastruey, founder of the European Group of Magistrates for Mediation (Spain). The event has been organized by Fundación Fide, a legal-economic think tank based in Madrid.

The panel discussion will focus on key topics surrounding mediation as an alternative dispute resolution mechanism, including:

  • The role of a mediator vs. the role of a conciliator. According to Mexican law, the latter can propose options to the parties for resolving a dispute, whereas a mediator must defer to the parties. While this is not entirely consistent with international practice, particularly under the UNCITRAL’s Singapore Convention, it remains the current position under Mexican national law for now.
  • Drafting mediation agreements. Under Mexican law, a mediator must draft the parties’ mediation agreement. This is another instance where Mexican law currently tends to be at odds with international practice. At international level, it is the parties’ lawyers who are responsible for drafting the mediation agreement, each acting in the bests interests of their respective clients.
  • Key developments in mediation practice in Mexico. Mediation practice in Mexico has evolved significantly in recent years to align with international practice. For example, virtual mediation was introduced in Mexico City by the Alternative Justice Law (la Ley de Justicia Alternativa de la Ciudad de México), and mediation agreements can now be signed virtually.
  • Mexican’s ratification of the UNCITRAL’s Singapore Convention. Mexican national legislation as regards forms of alternative dispute resolution is excessively formal, such that proposals are currently with the Senate in order to modify it so that Mexico can introduce the UNCITRAL’s Singapore Convention; a desirable step for medication practice in Mexico.

Mr. Prida has already contributed various articles on these themes to the Mexican newsletter El Semanario, available in Spanish here and here.

If you have any questions about the event, or about the practice of mediation in Mexico, please contact Mr. Prida.

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