Bill would skip mandatory mediation in family cases with minors

Automatic summary, not yet reviewed

1. The bill would remove the duty to first use an alternative dispute resolution method (such as mediation) in several cases: lawsuits for separation, divorce or measures concerning minor children, requests for precautionary or interim measures, voluntary jurisdiction proceedings, enforcement claims, exequatur of foreign documents, preliminary proceedings, and European payment or small claims procedures. The goal is to protect children's rights when child support, housing or contact with both parents is at stake.
2. It would also provide that starting a negotiation through an alternative dispute resolution method counts, once the lawsuit is admitted, as the start of court proceedings. This prevents Spanish courts from losing jurisdiction to foreign courts and allows child support to be calculated from the start of the negotiation.
3. In family verbal proceedings under Article 770 of the Civil Procedure Act, holding a hearing would always be mandatory, with the parties and their lawyers required to attend. If a party fails to appear without a valid excuse, the facts alleged by the other party may be deemed admitted.
4. If passed, the law would take effect the day after its publication in the Official State Gazette.

Who it affects

• Parents in family disputes involving minor children: They could go straight to court without first attempting mediation in the covered cases.
• Minors caught in conflicts between their parents: The bill aims to protect their rights to child support, housing and contact with both parents sooner.
• Family lawyers: They would have to attend the mandatory hearing in family cases under Article 770.
• People negotiating agreements through mediation or similar methods: Starting that negotiation would count as starting the court case once the lawsuit is admitted.

Words worth knowing

Medio adecuado de solución de controversias (appropriate dispute resolution method)

A way to resolve a conflict without a trial, such as mediation or conciliation, where the parties negotiate and reach an agreement.

Requisito de procedibilidad (procedural prerequisite)

A condition that must be met before filing a lawsuit, in this case having first attempted mediation.

Exequátur

Judicial authorization for a foreign ruling or document to have legal effect in Spain.

Jurisdicción voluntaria (voluntary jurisdiction)

Court proceedings that are not a dispute between opposing parties, such as authorizing an act or intervening in a disagreement.

Litispendencia (lis pendens)

A situation where the same dispute is pending before two courts; the case filed later is dismissed or suspended.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries