El Servicio de Mediación Penal de Andalucía evita 1.400 juicios en su primer año

The Penal Mediation Service of Andalusia (SEMPA), created a year ago by the Ministry of Justice, Local Administration and Civil Service, has avoided 1,408 trials in Andalusian criminal courts during this time, mostly for minor offenses of injuries, threats, and petty thefts. The professional mediators of this service, which is public and free, have managed to reach an agreement on a consensual solution to the conflict in 1,037 cases and have renounced legal actions in 371 other cases.

SEMPA started operating on May 2, 2024, in Almería, Granada, Huelva, Jaén, and Seville, and on September 2 in Córdoba, Málaga, and Cádiz. It is located in the main judicial headquarters of the eight capitals and has a team of three professionals (a jurist, a criminologist, and a psychologist) in each province with specialized training in mediation.

This alternative way to resolve conflicts through dialogue and agreement and reduce litigation had been little explored in Andalusia, unlike in other European countries or regions such as Navarra, the Basque Country, or Catalonia. The government of Juanma Moreno decided to promote it long before the Ministry of Justice included in the Law of Efficiency of the Public Justice Service the obligation to resort to alternative dispute resolution methods (ADR) as a prerequisite to filing a lawsuit.

For this purpose, within the framework of the Justice Strategic Plan of Andalusia, a Mediation Strategy has been designed with pioneering measures such as the inclusion of these processes in the Free Justice system, so that since January 1, 2024, Andalusians can request a duty lawyer to advise them in mediation procedures; collaboration with the Colleges of Social Graduates so that voluntary professionals act as mediators in labor disputes; the creation of an Andalusian Register of Mediators and Mediation Entities and an Advisory Council on Mediation, and the launch of SEMPA.

According to the Minister of Justice, Local Administration and Civil Service, José Antonio Nieto, «the balance of the first year of SEMPA is very satisfactory, especially in some provinces like Almería or Granada thanks to the involvement of judges, prosecutors, and other legal operators.» In fact, it has been recognized by the Spanish Mediation Association (Asemed) with the First International Award for Restorative Justice Manuel Abad, in the category of Best Restorative Justice Program.

In total, during this time, Andalusian criminal courts have referred 3,374 cases to SEMPA, and the service has assisted 6,706 people (3,355 victims and 3,352 defendants). As of April 30, 2,901 cases had been processed (473 are pending).

Out of the 2,901 cases processed, mediation has been carried out in 1,606 (55.36%), with an 88% success rate (1,408 agreements or renunciations to legal actions). The cases where mediation has not been initiated is either due to the parties’ refusal to try this method (544) or, to a greater extent, the impossibility of contacting one of the parties involved (751) because there are cases in which phones or addresses are not provided, or the information included in them turns out to be false, for example, in cases of fraud.

Agreements reached within an average of one month

However, Nieto has defended mediation as a «more agile and satisfactory way for the parties, since 84% of agreements were reached in less than a month, while in the courts these cases would have taken one or two years. In addition, the solution is consensual between the parties, not imposed by a third party who is the judge.» «Psychological measures are highly valued: the forgiveness of the aggressor, the compensation for any damages that may have occurred, and even in many cases, the fine has been turned into a donation to an NGO,» he explained.

All types of offenses can be referred to SEMPA except for gender-based and sexual violence offenses, for which this method is prohibited by law. 94% of the referred cases are minor offenses, with the most common ones being threats, followed by injuries and thefts.

The Minister of Justice has emphasized that «the shift from a culture of litigation to one of dialogue takes time and a commitment from the public administration, but also the collaboration of all professionals in the field of justice since, in the long run, it will benefit them by reducing the workload on the courts and allowing them to focus on complex conflicts that require specialized training for the interpretation and application of the law.» Nevertheless, «the steps we are taking have already allowed Andalusia to go from being the second autonomous community with the highest litigation rate in 2023 to the fourth in 2024, although it remains above the national average.»

The creation of SEMPA has entailed an investment of €1,123,043.60 in this first year for the management contracts of the eight provincial teams, awarded to entities with experience in the field such as Avide (Jaén and Granada), Imeris (Córdoba), Vicfam (Almería), Atenin (Huelva), Enlace (Cádiz), Solucion@ (Málaga), and Hacan (Seville).