18 Oct The Value of Mediation Agreements
The Value of Mediation Agreements: How Strong Are They?
Mediation is an increasingly recognized method in Spain for resolving conflicts in a peaceful, quick, and cost-effective way. In Catalonia, where mediation has a strong institutional and professional tradition, its development is promoted by the Centre de Mediació de Catalunya (CMC) and by specialized entities such as Logos Media, a leading organization in mediation training and practice based in Barcelona.
One of the most common questions is: What is the legal value of agreements reached in mediation?
Do they have binding force? Where are they signed?
- The Mediation Agreement and Its Legal Value
According to Article 6 of Law 5/2012 on Mediation in Civil and Commercial Matters, the mediation agreement must be in writing and set out the commitments reached between the parties.
This document has contractual value, meaning it binds the parties just like any private contract under Article 1255 of the Spanish Civil Code.
“The mediation agreement shall be binding upon the parties involved.” (Art. 6.2, Law 5/2012)
Therefore, even without notarization or judicial intervention, the agreement is already legally valid and enforceable between the signatories.
- What Does It Mean to Elevate a Mediation Agreement to a Public Deed?
To elevate an agreement to a public deed means to take it before a notary, who incorporates it into an official public document with their signature and seal.
The notary verifies the identity of the parties, checks their legal capacity and consent, and certifies the content of the agreement.
Under Article 25.4 of Law 5/2012, the mediation agreement may be notarized, thereby acquiring executive force pursuant to Article 517 of the Spanish Civil Procedure Act (LEC).
This means that if one party fails to comply with the agreement, the other can go directly to court to enforce it, without the need to initiate a new legal proceeding.
It provides an additional legal safeguard, offering certainty and trust.
- Judicial Approval of the Agreement
In certain cases — especially in family or civil matters — the parties may request that the judge approve (homologate) the mediation agreement.
The court ensures that no rights or interests of minors are infringed, and once approved, the agreement has res judicata effect, equivalent to a final court judgment.
“Mediation agreements may be judicially approved when the matter is subject to settlement.” (Art. 517.2.9º LEC)
- Where Are Mediation Agreements Signed?
Mediation agreements may be signed in various settings, depending on the type of process and the mediator involved:
- Mediators’ Offices:
In private mediations, agreements are usually signed in the mediator’s office, in a confidential, neutral, and comfortable environment. - Logos Media (Barcelona):
Logos Media is a leading company in mediation, conciliation, and ADR in Catalonia, with a team of accredited professionals and its own space in Barcelona where sessions are held and agreements are signed.
In addition to its training role, Logos Media promotes excellence in professional mediation, offering a safe and respectful environment for the parties. - ADR Centres of Professional Associations (such as the Centre ADR-ICAB in Barcelona):
These centres host both private and court-referred mediations. Agreements are signed on-site, with accredited mediators and formal documentation of the process. - ACDMA (Associació de Professionals de la Mediació de Conflictes de Catalunya) Rooms:
The ACDMA, based in Barcelona, provides neutral and fully equipped rooms for mediation sessions and agreement signing, ensuring confidentiality and professional support. - Other Institutional or Municipal Spaces:
Many Catalan municipalities have community or neighbourhood mediation services with dedicated rooms for signing agreements. - Electronic or Remote Signing:
Law 5/2012 (Art. 24) allows mediation to be conducted electronically, meaning agreements can also be digitally signed, provided the parties’ identities and the integrity of the document are guaranteed.
- The Role of the Centre de Mediació de Catalunya
The Centre de Mediació de Catalunya (CMC), under the Department of Justice of the Generalitat of Catalonia, does not function as a physical venue for mediation or for signing agreements.
Its mission is to promote mediation in Catalonia, manage the official register of mediators, refer cases from the judicial system, and foster quality and professionalism in mediation practice.
Thus, while the CMC does not host sessions or signatures, it ensures transparency, accreditation, and reliability across all mediation processes in Catalonia.
- A Value Beyond the Legal Dimension
Beyond its legal force, the mediation agreement carries great social and preventive value:
- It encourages communication and shared responsibility.
- It leads to a high rate of voluntary compliance.
- It reduces future conflict and helps preserve personal, family, and professional relationships.
Ultimately, the strength of mediation agreements lies not only in their legal validity but also in their capacity to transform conflict into understanding and cooperation.
- Conclusion
Mediation agreements in Spain and Catalonia are fully valid and effective:
- They have contractual value (Art. 6 Law 5/2012).
- They can be elevated to a public deed before a notary (Art. 25.4 Law 5/2012 and Art. 517 LEC).
- They can be judicially approved, especially in family matters.
- They can be signed in private offices, at Logos Media, in the Centre ADR-ICAB, or in ACDMA facilities, among other authorized spaces.
Mediation in Barcelona, Catalonia, and throughout Spain is now established as an intelligent, efficient, and economical way to resolve conflicts with full legal security and mutual respect.
Daniel Sererols Villalón
Registered Mediator with the Ministry of Justice, the Centre de Mediació de Catalunya, and the ICAB
www.mediadorconflictos.com
📞 Phone: +34 661 463 306
✉️ Email: daniel@mediadorconflictos.com
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