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COGITI remains firmly committed to this alternative instrument to the courts in civil and commercial matters, which it began in January 2013 with the creation of its own Mediation Institution, regulated by Law 5/2012, of 6 July, and which currently has more than 400 mediating engineers specializing in those conflicts related to the business and industrial field.
Today, 21 January, is European Mediation Day , coinciding with the adoption of the first European legislative mediation text in 1998, with the aim of highlighting the importance of mediation in resolving conflicts between the parties involved.
This ephemeris aims to raise awareness among citizens and professionals about the benefits and advantages of this alternative instrument to the courts. As every year, the General Council of Industrial Technical Engineering of Spain (COGITI) has also joined this commemoration, as it maintains a firm commitment to mediation, since in January 2013 it created its Mediation Institution. ( https://mediacion.cogiti.es/ ) dedicated to mediation in civil and commercial matters, regulated in Law 5/2012, of 6 July.
Law 2/1974, of 13 February, on Professional Associations, was amended in 2012 by Law 5/2012 to include a specific provision for "promoting and developing mediation". In addition, since the enactment of the said law, professional corporations may be constituted as mediation institutions.
In this way, through its portal, "COGITI - Mediation Institution" makes available to society and the state, regional and local administrations, a search tool for mediating engineers, distributed in 49 Territorial Delegations, after all of them have received the necessary training to be able to practice mediation.
Mediating engineers
Currently, the Institution has more than 400 mediating engineers specialized in those conflicts related to the business and industrial field. "* COGITI - Mediation Institution" is also registered in the Register of Mediators and Mediation Institutions of the Ministry of Justice.
The fields in which mediating engineers can intervene in the resolution of conflicts are very diverse: between a customer and a supplier, between two individuals, between a company and an individual, in communities of owners, between two companies located in an industrial estate , etc. The breadth of knowledge of engineers, who as middle managers are well acquainted with the fields of management, suppliers, customers, employees…, makes them especially good mediators at the commercial level.
Likewise, the guarantees provided by these mediating engineers to the conflicting parties (the mediator is independent of both) are mainly focused on their professional preparation and years of technical experience in the area in dispute; as well as specific training in mediation, as required by Law 5/2012; membership in “COGITI - Mediation Institution” through which, in an objective but specific way, the geographically closest mediator is designated (to avoid unnecessary expenses), specialized in the matter of mediation; and the provision of a Civil Liability Insurance, as required by Law 5/2012.
Enrollment in “COGITI - Mediation Institution” as a mediation engineer, guarantees your academic degree, your specific training in mediation and compliance with the constituent and specific documents of the registered mediators, guaranteeing their professionalism.
In addition and in addition, the mediators of “COGITI - Mediation Institution” must periodically maintain continuous training in mediation, as also required by this Law 5/2012, which allows them to “be up to date” in this matter and in the legislative developments that arise.
Since the establishment of its Mediation Institution, COGITI and the Associations that make it up have carried out a series of actions to promote and encourage mediation, including the signing of collective bargaining agreements. collaboration with other entities and institutions, such as the one signed with the General Council of the Judiciary in 2016.
In addition, in order to continue promoting and working for this conflict resolution instrument, COGITI has a specific working group on mediation, both at the intra-judicial and extrajudicial level, with which the institution aims to activate and enhance the work of graduates and Industrial Technical Engineers in this field of action.
Advantages of mediation
The main advantages offered by the mediation system are the following:
- Expedited resolution of cases out of court, without generating costs.
- Decreases the saturation of cases in the courts, in civil matters.
- It is flexible, adapting to the needs of the parties involved to reach lasting agreements over time.
- By resolving a conflict by mutual agreement, those involved maintain their relationship and acquire skills to resolve conflicts of various kinds in the future.
"With the COVID-19 pandemic, the need to use mediation becomes essential to unload the courts on commercial issues and improve relations between companies and individuals, as the situation of uncertainty and frustration that it is generating us, it leads us to the increase of conflicts that are aggravated by the lack of personal contact ”, they indicate from the COGITI.