Professor Carlos Esplugues, Director of the Official Master in Law, Business and Justice of the Universitat de València, member of Grupo MedArbValencia and Grupo Prometeo GVA 2018/111 has just published a new book: "Civil and Commercial Mediation. International and Iberoamerican Regulation". (Carlos Esplugues, Valencia, Tirant lo Blanch, 2019, 363 pp, ISBN-978-84-1313-556-4).
The work has been published by Tirant Lo Blanch publishing house in Spain, the legal publishing house with the greatest impact in the Spanish language.
Mediation is today the emerging star in the field of ADR/MASC. In the face of the growing problems generated by other institutions such as arbitration, mediation offers a response that is unparalleled in terms of its genesis, its cost and the level of satisfaction it brings to the parties involved in the dispute.
However, the virtues that accompany mediation do not hide the difficulties faced by the institution to become visible in the daily reality of citizens. Nor do they conceal the differences and problems of all kinds that their regulation presents on a comparative level. Its very name - in Latin America, for example, the use of the term conciliation to the detriment of mediation is widespread - as well as its nature and types, the matters subject to mediation, the obligations and duties of the mediator and of the participants in mediation, or the effects of the agreement reached within the framework of mediation, find different answers in the different legal systems.
The work deals in depth with the treatment of mediation, its problems, phases, effects and actors in the comparative plane and, from there, analyses in an exhaustive and detailed way the existing legal regime in Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Mexico and Peru in relation to mediation / conciliation, relating it to the present one in multiple other countries in Asia, Africa and Europe.
It is a unique book in its approach and content that allows to know the developments that this institution in the world. An essential work for users of mediation that will surely become an essential tool for all those who want to know the institution in its many facets.
