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The judiciary and the business sector, committed to strengthening institutional dialogue and consolidating the role of mediation to counter the judicialisation of conflicts

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One year after the entry into force Law 1/2025, which establishes the use of alternative dispute resolution mechanisms (ADR) as a new procedural requirement, judges and business representatives from the Consolat de Mar met at Llotja de Mar of Barcelona to assess its implementation.

The Centre for Legal Studies and Specialised Training (CEJFE), in collaboration with the Consolat de Mar of the Barcelona Chamber of Commerce, organised a high-level meeting where leading figures from the judicial and business sectors met to discuss the current state of the justice system under the new legal framework in force since April 2025. During the meeting, significant expectations were raised regarding the impact of the prior use of appropriate dispute resolution methods in preventing the judicialisation of conflicts.

Both, judges and business representatives, unanimously agreed that the requirement to evidence an attempt at negotiation, mediation, or agreement with the assistance of a third party might become an additional bureaucratic step towards the pursue of justice.

The event featured leading judicial figures in the field of mediation, such as Mr. Pascual Ortuño, Ms. Raquel Alastruey, Mr. Jesús Gómez and  Ms.Sara Pose. On the business side, prominent legal professionals attended, including Ms. Pilar Fernández, former Minister of Justice of the Government of Catalonia, Mr. Miguel Trias, consultant Mr. Genís Roca, and transport sector entrepreneur Mr. Jesús Lozano.

The First Consul of the Consolat de Mar of the Chamber, Ms. Emma Gumbert, closed the event by highlighting the strong spirit of cooperation that had been established, reaffirming the commitment of the Consolat de Mar to providing a genuine public justice service based on the use of appropriate mechanisms instead of resorting to the courts. A spirit of cooperation that all participants acknowledged could go far beyond the scope of the law itself. Among those attending the meeting was also the Secretary General of the Barcelona Chamber of Commerce, Mr. Xavier Coronas.

The event was promoted by the Government of Catalonia, represented at the meeting by Ms. Imma Barral, Mr. Marc Cerón and Ms. Elisabeth Saltor.

Mediation Agreement between the Consolate of the Sea and the Catalonia Economists Association

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The Consolat de Mar has signed a collaboration agreement with the Catalonia Economists Association to promote business mediation and other alternative dispute resolution mechanisms (ADR). This alliance establishes a joint framework to promote awareness, access to, and use of mediation in the business and commercial sphere, a key tool for managing conflicts in a more agile, efficient way that creates value for all parties involved.  Both institutions will work together to promote activities and specialized training programmes, as well as to develop joint initiatives to strengthen the mediation ecosystem.

ATEIA – OLTRA and the Consolat de Mar explore mutual collaboration in the maritime and ADR field

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ATEIA-OLTRA BARCELONA, represented by Emili Sanz and Josep M. Vicens, president and secretary-legal advisor, respectively, held an institutional meeting with the CONSOLAT DE MAR, represented by Emma Gumbert, First Consul, and Xavier Coronas, Secretary General of the Barcelona Chamber of Commerce and of the Consolat de Mar.

Both entities agreed on the importance of promoting initiatives that foster business competitiveness, legal certainty, and the positioning of Barcelona as a strategic hub for trade and for the development of agreements to address business disputes.

The meeting made it possible to exchange views on the current context of international transport and logistics, as well as to explore future lines of cooperation in areas such as arbitration and business mediation; raising awareness of dispute resolution mechanisms generates trust and stability in international commercial relations.

Further information → Press Article

Consolat de Mar and CICAC sign an agreement to promote the Catalan language in the legal practice

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Again this year, the Consolat de Mar renews its support for the CICAC’s project, compendium.cat, which promotes the use of the Catalan language in the legal field.

The platform gathers, among other resources, the mediation and arbitration clauses of the Consolat de Mar drafted in Catalan.

The main institutions of the country participate in this project. For more information, visit the page → Compendium.cat – Compendium.cat.

The Consolat de Mar at the Barcelona International Boat Show

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On October 11th, the Barcelona International Boat Show hosted the session “The Consolat de Mar: The origin of Barcelona as a maritime and commercial key player” where the First Consul of the Consolat de Mar, Emma Gumbert, the Vice Consul and CEO of Lotrans, Jesús Lozano, and the Director of the Barcelona Nautical Capital Foundation, Laureà Fanega presented the history of the Consolat de Mar of Barcelona and conveyed the importance of this institution in the area of international mediation as well as the importance of establishing good transaction agreements that creates spaces of trust and make possible the continuation of business. Mr. Lozano, given his wide experience in the logistics’ sector remarked the importance of celerity on today’s business transactions and how mediation can be bring this key element on dispute resolutions today.

 

 

The Consolat de Mar meets the Catalan Minister of Justice and Democratic Quality

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On November 19th, the president of the Barcelona Chamber of Commerce and the Consolat de Mar, Josep Santacreu, met with the Catalan Minister of Justice and Democratic Quality, Ramon Espadaler, to bring the mission and legacy of the Consolat de Mar closer to the new executive of the Catalan Government.

Josep Santacreu highlighted the need to collaborate in promoting mediation through institutions such as Consolat and highlighted the great opportunity that this collaboration represents to respond to current challenges such as the judicial overload and the promotion of dialogue and agreement.

After the appointment last May of the members of the Council of Twenty, which is the governing body of the Consolat de Mar, the institution is immersed in a new stage with several lines of action, being one of them the strengthening of the institution by becoming an institution of reference at Catalan and state level, as far as alternative conflict resolution systems is concerned.

Spain approves the Bill on measures regarding the efficiency of the Public Justice Service

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On November 14, 2024, the Bill on measures regarding the efficiency of the Public Justice Service was approved by 179 votes in favor and 168 against, which “addresses the transformation of Courts into Courts of Instance, with the support of judicial offices that today are redefined and restructured into procedural processing units and common services.”

The exposition of this Bill contains the recommendation of the European Commission to the Member States regarding intensifying their efforts to promote and encourage the use of mediation, a request that the European Parliament endorsed in its Resolution of September 12, 2017, on the application of Directive 2008/52/EC of the European Parliament and of the Council, of May 21, 2008.

Also, article 5 of the Bill establishes the procedural requirement, including mediation, as one of the mechanisms, among others, to comply with this requirement.

Please find the complete text -> here