Mediation in Argentina

Quick Facts

• Legal Framework: Mediation in Argentina follows Law 26.589 on Mediation and Conciliation, promulgated on 3 May 2010 through Decree 619/2010 and published in the Official Bulletin on 6 May 2010. This law establishes wi...
• Cultural Approach: Argentina's cultural approach to mediation emphasises finding solutions to problems without recourse to a judge. The mediation process allows parties to address conflicts with the opportunity to find ...
• Typical Costs: Mediation in Argentina is designed to be cost effective compared to litigation. The law provides for mediation costs and fee structures. In execution processes and eviction cases, mandatory prejudicia...

Mediation Research

Legal Framework

Mediation in Argentina follows Law 26.589 on Mediation and Conciliation, promulgated on 3 May 2010 through Decree 619/2010 and published in the Official Bulletin on 6 May 2010. This law establishes with mandatory character mediation prior to all judicial processes, with expressly contemplated exceptions. The law substitutes articles 34, 77, 207, 360, 500 and 644 of the National Civil and Commercial Procedural Code. From the entry into force of this law, articles 1 to 31 of Law 24.573 were repealed. The law encompasses all types of controversies within the procedure of mandatory prejudicial mediation, except those provided in article 5. Provincial jurisdictions such as Buenos Aires Province have their own mediation laws (Law 13.951) establishing mandatory prejudicial mediation before initiating lawsuits. The mediation process is a method of conflict resolution that in the territory of Buenos Aires Province is prior and obligatory to initiating a lawsuit.

Court System

Argentine courts actively promote mandatory prejudicial mediation before judicial processes. Law 26.589 establishes mediation as obligatory prior to all judicial processes with exceptions. The judge must divide cases when appropriate to refer parties to mediation. Provincial jurisdictions have their own mediation regulations integrated into court procedures. In Buenos Aires Province, mediation is prior and obligatory to initiating a lawsuit, giving parties the opportunity to address and potentially resolve conflicts without judicial intervention. The court system ensures compliance with mandatory mediation requirements before accepting cases for trial. The federal and provincial courts work with mediation centres to facilitate the process. The law provides that parties may jointly request or the judge may order additional mediation instances considering new circumstances of the cause.

Mediator Regulations

Mediators in Argentina are neutral third parties who facilitate parties reaching agreements. Law 26.589 provides framework for mediator qualifications and conduct. The law establishes the role of mediators in the prejudicial mediation process. Mediators must comply with ethical standards and confidentiality requirements. The law provides for mediator appointment and regulation. Provincial jurisdictions have their own mediator registration systems. In Buenos Aires Province, legal assistance is obligatory for mediation proceedings. The law defines who participates in mediation including parties, mediators, and when applicable, legal representatives. The mediation process is structured with clear procedures for mediator intervention. The law ensures mediators are trained and qualified for their role.

Cultural Approach

Argentina's cultural approach to mediation emphasises finding solutions to problems without recourse to a judge. The mediation process allows parties to address conflicts with the opportunity to find solutions before going to justice. The cultural context values dialogue and agreement over adversarial litigation. The mandatory nature of mediation before lawsuits reflects institutional commitment to consensual dispute resolution. The approach recognises that mediation saves costs and time compared to judicial processes. The cultural preference for finding mutually acceptable solutions aligns with mediation principles. The federal and provincial adoption of mandatory mediation demonstrates cultural acceptance of mediation as legitimate dispute resolution mechanism. The emphasis on prejudicial mediation reflects cultural values of trying to resolve conflicts before escalating to judicial confrontation.

Typical Costs

Mediation in Argentina is designed to be cost effective compared to litigation. The law provides for mediation costs and fee structures. In execution processes and eviction cases, mandatory prejudicial mediation is optional for the claimant, though the defendant remains obligated to attend such instances. The cost savings compared to judicial proceedings are significant, as mediation avoids lengthy court processes and associated legal fees. The mandatory nature of mediation before lawsuits ensures parties attempt resolution before incurring full litigation costs. Provincial jurisdictions may have specific cost regulations. The emphasis on cost savings is reflected in the promotion of mediation as alternative to judicial processes. Legal assistance is obligatory in some jurisdictions, adding to costs but ensuring quality representation.

States and Regions