Mediation In
Santa Cruz, Bolivia

State Laws

Santa Cruz operates under Bolivia's national conciliation framework established by Ley 708 of 2015 (Ley de Conciliación y Arbitraje). The Ministry of Justice and Transparency Institutional is the competent authority to authorise the functioning of conciliation centres under Article 11 of the law. The law regulates both judicial and extrajudicial conciliation, with the Ministry serving as the governing body for extrajudicial conciliation. Santa Cruz, Bolivia's largest city and economic hub, has numerous conciliation centres.

Licensing Requirements

Conciliators in Santa Cruz must meet requirements established by Ley 708 and its regulations. The Ministry of Justice authorises the functioning of conciliation centres. Conciliators must complete appropriate training programmemes. The law establishes requirements for conciliator registration and the operation of conciliation centres. The Registro Público de la Abogacía (Public Registry of the Legal Profession) may be involved in regulating conciliation centres.

Local Court Systems

Santa Cruz's court system includes civil, family, labour, and commercial courts that may refer cases to conciliation. The department has a significant judicial presence due to its economic importance. Conciliation centres operate independently of the court system but provide an alternative to judicial proceedings. The judicial system may order conciliation during ongoing cases.

Fee Structures

Conciliation centres in Santa Cruz set their own fees within regulatory parameters established by the Ministry of Justice. Commercial mediation in Santa Cruz typically costs BOB 150-400 per hour or daily rates of BOB 900-2,400. Family mediation typically costs BOB 100-300 per hour. Some centres may offer subsidised services for low-income individuals. Court-ordered conciliation may have associated judicial costs. The law establishes that conciliation is generally more cost effective than judicial proceedings. Costs are typically shared between parties unless otherwise agreed.

Bar Association Rules

The Colegio de Abogados de Santa Cruz (Santa Cruz Bar Association) provides ethical guidance for lawyers participating in conciliation processes. Lawyers acting as conciliators must adhere to professional conduct rules and meet training requirements. The bar association may collaborate with the Ministry of Justice on conciliation matters.

Regional Dispute Patterns

Commercial and agricultural disputes in Santa Cruz's economic hub, Family law matters including divorce, custody, and alimony, Property and land disputes in agricultural frontier areas, Consumer protection complaints, Labour disputes in agriculture, industry, and services

Legal Framework

Mediation and arbitration in Bolivia follow Law No. 708 of Conciliation and Arbitration, issued on June 25, 2015, replacing the previous Law No. 1770 of Arbitration and Conciliation which was in force since March 10, 1997 for 18 years. Law 708 abrogated Law 1770. The previous Law 1770 was based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law, but the current Arbitration Act (Law 708) is not recognised as being based on the UNCITRAL Model Law. From the very beginning of Bolivian legislative history, arbitration was available to parties under regulations contained in general legal standards such as the Civil Code, Commercial Code and Civil Procedural Code of Bolivia. The law establishes confidentiality provisions for conciliation and arbitration proceedings, with exceptions when State interests are compromised or there is evidence of criminal commission. Parties may decide on the language(s) for proceedings; Spanish is used in absence of agreement. Conciliators are responsible for failure to observe the legality of the content of the Settlement Act, while arbitrators are responsible for actions or omissions in the performance of their duties.

While Bolivia operates under this legal framework, The Olive Branch's remote mediators bypass local court backlogs by providing swift, confidential, and mutually agreed-upon resolutions online.

Court System

The Ministry of Justice is the competent authority to authorise the operation of Conciliation Centres, Conciliation and Arbitration Centres, or Arbitration Centres. The Ministry has powers to authorise, register, approve regulations, temporarily or definitively suspend authorization, promote training, and formulate reconciliation policies. For approving conciliation and arbitration regulations, the Ministry may exceptionally require specialised opinion. Authorized centres must have regulations approved by the Ministry of Justice. Exceptionally, confidentiality may be lifted when interests of the State are compromised (information given to Attorney General's Office) or when there is evidence of criminal commission (information delivered by tax order or court order). The law provides that conciliation information has no probative value, protecting the confidentiality of the process. The judicial system supports the arbitration framework through Ministry of Justice oversight and court enforcement when confidentiality exceptions apply.

Mediator Regulations

Legal persons may be conciliation and arbitration administrators under three modalities: Conciliation Centres, Conciliation and Arbitration Centres, and Arbitration Centres. For development of their activities, conciliators and arbitrators must register with one of the authorised centres, with the exception of Ad Hoc arbitration. Public institutions, within the framework of their powers, may administer conciliation centres. Legal persons must meet requirements to become conciliation or arbitration administrators: legal personality, conciliation or arbitration regulations approved by Ministry of Justice, accredited conciliators or arbitrators, and infrastructure meeting technical and administrative conditions. Authorized centres have powers to provide services, accredit and appoint conciliators or arbitrators, and temporarily or permanently suspend conciliators or arbitrators for breach of centre's rules of procedure. The Ministry of Justice promotes training in conciliation and arbitration through agreements with the university system and authorised centres.

Cultural Approach

Bolivian mediation and arbitration culture emphasises confidentiality and party autonomy. The legal framework allows parties to decide on language(s) for proceedings, reflecting respect for linguistic diversity. The confidentiality provisions, with limited exceptions for State interests and criminal matters, indicate a cultural emphasis on privacy in dispute resolution. The establishment of three modalities of centres (Conciliation Centres, Conciliation and Arbitration Centres, Arbitration Centres) provides flexibility in choosing appropriate dispute resolution mechanisms. The requirement for conciliation information to have no probative value in court proceedings encourages parties to engage in mediation without fear that statements made during the process will be used against them in litigation. The Ministry of Justice's role in promoting training through agreements with the university system indicates institutional commitment to developing professional mediation capacity.

Typical Costs

Specific fee structures for mediation in Bolivia are not detailed in available sources. The Ministry of Justice has sources of funding including specific resources and internal or external donations for fulfilling its powers regarding conciliation and arbitration centres. Authorized centres provide services in conciliation, arbitration, or both, which would involve fee structures determined by individual centres. No specific hourly or daily rates are documented in available sources. The requirement for infrastructure meeting technical and administrative conditions suggests centres operate with professional standards, but specific cost provisions are not documented. The legal framework does not specify fee arrangements between parties and mediators/arbitrators, leaving this to be determined by agreements between parties and centres or individual practitioners.