Por Redaccion 
The Ministry of Justice, Local Administration, and Public Function continues to support alternative dispute resolution methods (ADR) to reduce litigation overload and save time and costs. Therefore, it has reached agreements with the Andalusian Council of Bar Associations (CADECA) on several pioneering measures that make the region a benchmark in this field, positioning it among the top three autonomous communities that provide financial support to legal aid lawyers using these methods. The agreement ensures that Penal mediation is also included in Free Legal Aid, extending beyond Civil and Commercial mediation as before, and promoting a agreement where lawyers can also conduct conciliations as an alternative to traditional trials.
Andalusia was the first region to include civil and commercial mediation in the Free Legal Aid system, over a year before the Efficiency Law of the Public Justice Service required attempting an agreement before filing a complaint in these cases. Now, it once again leads the way by including mediation for criminal matters in Free Legal Aid, ensuring that legal aid lawyers who reach an agreement or settlement that avoids a criminal trial receive the full remuneration they would have received for the corresponding procedure.
To carry out adult Penal mediation, the Ministry launched the Andalusian Penal Mediation Service (SEMPA) last year, which has already prevented over 1,700 trials throughout the region. Now, lawyers can use this service to reach agreements and receive the same amount as they would have for a trial, with the key difference being that in SEMPA issues are resolved within an average of one month, compared to months or even years in the courts.
Justice Minister José Antonio Nieto emphasized that «Andalusia is once again a leader in this field, being the first region to include criminal mediation in Free Legal Aid and going beyond what the Efficiency Law mandates, which only requires seeking agreements in civil and commercial cases.»
Since the beginning of last year, Andalusians have been able to request a legal aid lawyer to reach agreements in civil and commercial cases, with lawyers who successfully avoid going to trial receiving 400 euros. Starting on April 3 of this year, the Efficiency Law stipulates that attempts must be made to resolve such conflicts before going to court, leading the Junta to compensate legal aid lawyers even if they do not reach an agreement. Specifically, in the Joint Commission between the Junta and the Andalusian Council of Bar Associations (CADECA), it was agreed to pay 75 euros if the agreement is attempted through mediation or conciliation, and 25 euros if another alternative method outlined in the law is chosen, such as binding offers, reports from independent experts, or collaborative law. This places Andalusia in the third position among regions that pay the most for using ADR.
Additionally, in October, Andalusia will have a Public Civil and Commercial Mediation Service (SEMCA), complementing SEMPA, and will be free for both parties if one meets the requirements for Free Legal Aid. This service will be based in the main judicial buildings of the eight Andalusian capitals, serving cases from all judicial districts.
Allies in reducing judicial overload
José Antonio Nieto made it clear that «from the outset, we were certain that legal professionals were our allies in promoting a culture of dialogue and agreement, combating the litigation overload burdening Andalusian courts, which is particularly crucial at this time due to the significant effort required for the radical transformation of the Justice system to align with the model set by the Ministry in the Efficiency Law.»
Therefore, the Ministry will also sign an agreement with CADECA so that, starting September 1, professional associations will have pools of lawyers conducting conciliations. To be eligible, these lawyers must be registered in the Mediators Registry or have completed an approved conciliation course.
Difference between mediation and conciliation
The difference between conciliation and mediation is that in the former, a solution is proposed by a professional to the parties, while in mediation, the parties themselves reach an agreement guided by the mediator. The lawyer conducting conciliation will be different from the legal aid lawyer accompanying the citizen in this or other alternative dispute resolution methods.
The agreement with CADECA will be signed for one year with the possibility of extension, and includes funding a maximum of 10,000 conciliation sessions in this initial year. For each session, the conciliation lawyer will receive 40 euros, and an additional 60 euros for an agreement. The legal professional can conduct a maximum of three sessions for each case. The Junta will reimburse this service to the bar associations on a quarterly basis.