The Andalusian Government will pay legal aid lawyers for their legal advice in mediation processes, even if they do not reach an agreement, in those cases where the Public Service Efficiency Law has required since April 3 to attempt an alternative route to resolve conflicts before filing a lawsuit. To do this, it will amend the Order approved in 2024, with which Andalusia was the first community to include mediation in the Free Justice system, by financially compensating professionals with up to 400 euros for closing an agreement.
Since January 1, 2024, Andalusians who meet the requirements to request legal aid lawyers or solicitors can also request them for mediation processes. The Ministry of Justice, Local Administration, and Public Function pays for this work with the maximum module provided for in the regulation of economic remuneration of the Free Justice system. Thus, they receive up to 400 euros for their work in mediation processes that end with an agreement between the parties. In the first year, Andalusian lawyers certified 181 agreements to the Ministry, receiving a total of 72,400 euros.
Now, following the entry into force of the Public Service Efficiency Law, which includes alternative dispute resolution methods (ADR) and requires attempting an agreement before filing a lawsuit in civil and commercial matters, the Ministry of Justice, Local Administration, and Public Function will amend the order to pay, retroactively from April 3, for the legal professionals’ advice in mandatory mediation processes even if they do not result in an agreement.
The draft of the text for this modification is open to public feedback until April 25.
Additionally, the Ministry is finalizing the establishment of the Civil and Commercial Mediation Service (SEMCA), a public service with branches in all eight provinces, where Andalusians can engage in mediation processes for these types of conflicts. In collaboration with the Andalusian Chamber of Commerce, the Government has trained representatives from over 300 companies in the community on the benefits of mediation through workshops.
The SEMCA will be free of charge if one of the parties meets the requirements for Free Justice access. The management of SEMCA will be tendered soon, but in the meantime, Andalusians can visit the Information Points for Mediation in Andalusia (PIMA) located in the main judicial headquarters of the eight capitals, as well as in Marbella (Malaga) and Algeciras (Cadiz), staffed by mediation-trained technicians. In addition to guiding them in mediation processes, the PIMA will issue the necessary documentation to prove the mediation attempt, a requirement to file a lawsuit in civil and commercial courts.
Andalusia, a pioneer
The PIMA, the creation of SEMCA, and the inclusion of mediation in the Free Justice system are part of the Ministry’s Mediation Strategy to promote alternative conflict resolution methods. As part of this strategy, the Andalusian Penal Mediation Service (SEMPA) was established last year as a public and free service, which started operating in May 2024 in five Andalusian provinces, and in September, in the rest. Since then, SEMPA has prevented nearly 1,200 criminal trials by facilitating agreements or discouraging legal actions, with an average resolution time of 30 days. The majority of cases referred to this service by the Criminal Courts involve minor offenses such as threats, injuries, or thefts that would have taken one or two years to resolve in court.
Furthermore, last December, the Ministry signed a agreement with the Andalusian Council of Graduated Social Workers for these professionals specialized in Labor Law to act as voluntary mediators in conflicts between companies and employees already in the legal process, offering a second chance for mediation in this area when the CEMAC fails to prevent the parties from going to court.
All these measures are part of the Mediation Strategy through which the Andalusian community has anticipated the Public Service Efficiency Law by promoting alternative conflict resolution methods, believing that dialogue and agreements save time and costs, as well as helping alleviate the burden on courts due to excessive litigation rates.