New Law about Mediation Procedure and Conciliation
On May 6, 2010, Law No. 26589 regarding Mediation Procedure and Conciliation, which (according to the local legislation) are mandatory steps before any legal action is started, was published in the Argentinean Official Gazette.
The new Law that revokes the former Mediation Law No 24573 will enter in force 90 days after its publication, this is next August 5th .
The most significant differences between the former and the current Law are the following:
- The term Conciliation has been included in the name of the Law as a consequence of the faculty given to the judges to derive the parties again to the Mediation Procedure during the pending process. In this case the terms will be suspended.
- Creation of a mediator Register for Family matters
- Notarization of Mediator’s signature in the closing Mediation Act
- Possibility of the Mediator to resort to the assistance of third parties (Experts, professionals in particular matters)
- A fine for the party in case of non- attending the hearing equivalent to the 5 % of the basic salary of a national judge.
- Expiration of the Mediation: if no complaint is filed within the next year, it will be necessary to start new Mediation Procedures, as long as the statute of limitations or expiration of the action do not occur.