In the course of a mediation Forum organized by the Valladolid Chamber of Commerce together with the Provincial Deputation, the minister has indicated that his department is already working on the regulatory development of mediation in the administrative field, an approach that will add to what that is already being contemplated in the preliminary draft law on procedural and technological measures on adequate means of dispute resolution for civil and social jurisdictional orders.
"The preparation of the preliminary draft is being a process chaired by collaboration, participation and dialogue with the different sectors of justice, but also with civil society. Our objective is to achieve a legislative instrument that is useful to our society," assured the minister who remembers that this regulatory instrument is one of the three axes of the Justice 2030 plan to achieve Sustainable Justice, along with the Royal Decree-Law 16/2020 of procedural and organizational measures to deal with COVID-19 and reactivation plans in the different jurisdictions.
Campo recognizes mediation as an indicator of quality in the provision of public service and shares the commitment also expressed by the CGPJ in its Shock Plan towards this new form of guardianship through dialogue and agreement.
"In parallel or prior to going to court, we are going to promote a new way to resolve differences amicably, from dialogue and mutual belief in the solution reached, transferring the maximum role to the parties and avoiding unnecessary costs both for the interveners as for the group of taxpayers ", he pointed out.
To give an idea of the volume of activity, the minister recalled the estimates of the increase in the entry of cases close to 140% in the social jurisdiction, 145% in the civil jurisdiction and 125% in administrative litigation. And in retrospect, he has noted the data collected in the 2019 report of the General Council of the Judiciary for the 2018 financial year, according to which, 208,374 cases were entered in this jurisdiction, with an average duration of the processes that reaches a period of between 10 and 14 months and a total of 126,849 sentences handed down in the different organs of this jurisdiction.
Campo has therefore vindicated the importance of these dispute resolution mechanisms that are claimed not only by the Justice sector but also by companies, and in this sense, has pointed out that "for many years, the business world through the Chambers of Commerce, has promoted mediation or arbitration to resolve by consensus the differences in relation to SMEs, the self-employed or large companies. "
To undertake this task, Campo has also highlighted the essential role of the Autonomous Communities, the Provincial Deputations and the City Councils, as fundamental actors in the process of implementing mechanisms such as conciliation or administrative mediation.
Mediation in the public sphere
The minister shares with the Council of State the complexity of administrative mediation since the principle of free disposal is much smaller in the public sphere, being aware that the Administration has limited negotiating capacity, which suggests an initiative in the future. differentiated regulations.
In the same way, the public policies that Justice undertakes in this matter will be co-honest with the Ministry of Territorial Administration and Public Function, regarding the modification of Law 39/2015 of Common Administrative Procedure of Public Administrations and with the Ministry of Finance regarding the General Tax Law, the General Budgetary Law and the Public Administrations Heritage Law, among other regulations.
"The implementation of amicable solutions to differences in the administrative field implies transforming the Administration-citizen relationship from one-way to two-way through dialogue and from flexibility," the minister abounded, showing his willingness to "weigh and balance the general interest. and the recognition of the particular and legitimate interest of citizens in an inclusive and democratic Administration, as a reflection of good governance. "
