Validez del acta de mediación en un proceso judicial y consecuencias jurídicas de su incumplimiento.

Abstract

Mediation is a process whose objective is to reach an agreement based on principles and following a series of steps, among which the most important is that both parties reach an agreement through negotiations that benefits both in some way, with the help of the mediator. who works to find points in the conflict that may be grounds for agreement. All this with the aim of avoiding a lengthy and costly judicial process. The mediation concludes with the preparation of a mediation act, which generally has the value of an enforceable sentence and res judicata, despite the fact that in the present case its value is susceptible to changes such as a court judgment in matters of maintenance, At the time of going to court, it must be taken into account, even from the moment in which the claim is intended to be presented, since it is a procedure to which the parties have voluntarily submitted and, likewise, have signed an act agreeing a commitment to compliance. Said procedure is possible and usual in matters of alimony. Based on this, it is possible that the party affected by the breach of said act, may validate it for the purposes of carrying out the same.