In the conclusions of said event he pointed out that “the obligation highlighted by Pascual Sala that the lawyer inform the client of the ways to resolve the conflict is important and that mediation is one of them. "We will have to really look at the content of the matter and the interests of the parties in that sense."
In this regard, he also recalled that “ mediation may already be included in the contract in question .” In the event that it is not included, it can be agreed upon later at the time the controversy occurs with an addendum or a subsequent resolution clause,” stated Estévez.
It also highlighted that in the event Fax Lists that the controversy already exists “it can be raised before the judicial procedure or when the matter is already underway in court. A window can always be opened regardless of the bill that is now being processed. What the bill pushes is that it will be mandatory to have tried with the MASC and to prove it before the lawsuit.”
Another issue that he highlighted is that “ the training of lawyers in the Administration of Justice, judges, attorneys, lawyers and companies in mediation is essential ,” he stated.
The partner of Roca Junyent and now president of the Madrid Business Mediation Center, pointed out that “after 13 years of implementing mediation in Spain and with a still small culmination of this method of alternative conflict resolution, perhaps the time has come to force greater use .”
Marlen Estévez studied Law and Business Administration at ICADE and in Switzerland. She has Senior Management programs at ESADE and Wharton University, as well as Global Leadership at Harvard.
She has a prolific international career as an expert in the field of conflict resolution. She holds management positions in the Council of European Bars, Secretariat of the Ibero-American section of the Royal Spanish Academy of Jurisprudence and Legislation and is a member of the advisory council of universities, publishing houses, arbitration courts and organizations such as Endeavor.
The new president of the Madrid Business Mediation Center also works as a professor of arbitration and mediation at IE University , Universidad Pontificia Comillas, Universidad Carlos III and Universidad Politécnica, among others, in addition to being the author of multiple publications.
Additionally, she is founder and president of Women in a Legal World . She has been chosen as the Top 10 most influential Spanish lawyers by El Mundo – Yo Dona , Top 20 most relevant lawyers in the Spanish legal profession by Economist and Jurist , Top 50 InspiraLaw in Spain and Portugal from 2018 to the present and awarded “Forty under 40” by Iberian Lawyer, among other recognitions.
The Madrid Business Mediation Center was created as part of the Madrid Chamber of Commerce's commitment to business development. Under this premise, the chamber entity is very active in promoting agile and efficient conflict resolution methods for business entities.