Critical analysis of a simplified online mediation procedure for small claims (Spanish Law 5/2012, on civil and commercial mediation)

One of the essential issues that the introduction of online mediation in Spain attempts to alleviate is the serious problem of undue delays in the processes. Spanish Law 5/2012, on Mediation in Civil and Commercial Matters, contains some provisions relating to the electronic actions linked to Article No. 9 of Directive 2008/52/EC on civil and commercial mediation, under which Member States shall encourage, by any means which they consider appropriate, the availability to the general public, and on the Internet in particular, of information on how to contact mediators and organisations providing mediation services. The rule only imposes two requirements on the use of technology: to guarantee the identity of the participants and to respect the principles of mediation provided for in the Law. The electronification of procedures is the central idea, so that the parties can dispose of the process at any time and decide by mutual agreement to transform a face-to-face procedure into an electronic one and vice versa. The Law provides for a simplified procedure developed through RD 980/2013, of December 13. Two different mediation procedures can therefore be distinguished: the traditional —which can be conducted in person or online— and the simplified electronic procedure for certain claims for payment, where the claims of the parties do not relate to arguments of confrontation and do not exceed 600 euros. As will be seen, some changes in focus through regulatory developments are legally arguable.