Mediation in Chile

Quick Facts

• Legal Framework: Chile has a well developed ADR framework with Law No. 19.971 regulating international commercial arbitration. One of its main features is the limited judicial intervention of domestic courts over arbi...
• Cultural Approach: The use of alternative dispute resolution mechanisms in Chile has increased greatly in the last few years. Parties often include mediation in their agreements and arbitration clauses, which are legall...
• Typical Costs: ADR mechanisms increased greatly in recent years. Professional mediator fees generally range from CLP 50,000-200,000 per hour for commercial mediation. CAM Santiago provides institutional fee schedule...

Mediation Research

Legal Framework

Chile has a well developed ADR framework with Law No. 19.971 regulating international commercial arbitration. One of its main features is the limited judicial intervention of domestic courts over arbitration proceedings, which means that remedies and grounds to challenge a foreign arbitral award are very limited. Article 34 of this Law establishes the motion for annulment as the only method for setting aside an award, prohibiting parties from using other remedies typically applied in domestic procedures. Therefore, there is a high level of judicial deference for international arbitration, and Chile is considered a highly reliable seat of international arbitration. Law No. 21.044 requires that disputes related to public concessions be arbitrated before a technical expert panel first, and then before an arbitral tribunal. The Civil Procedure Code (article 3° bis) establishes that both judges and parties must promote ADR as mechanisms of dispute resolution. There are matters where there is mandatory mediation before entering court litigation, such as claims brought by patients against health providers or consumer or labor law.

Court System

The Civil Procedure Code establishes that both judges and parties must promote ADR as mechanisms of dispute resolution. In civil proceedings, there is a mandatory conciliation hearing. The Code encourages recourse to ADR during judicial proceedings before Chilean courts. Parties often include mediation in their agreements and arbitration clauses, which are legally binding and enforceable.

Mediator Regulations

Not specified in available sources.

Cultural Approach

The use of alternative dispute resolution mechanisms in Chile has increased greatly in the last few years. Parties often include mediation in their agreements and arbitration clauses, which are legally binding and enforceable. At the same time, Chilean law has progressively incorporated opportunities for compulsory ADR, especially mediation, as a way to promote amicable solutions between parties and avoid court litigation.

Typical Costs

ADR mechanisms increased greatly in recent years. Professional mediator fees generally range from CLP 50,000-200,000 per hour for commercial mediation. CAM Santiago provides institutional fee schedules. Mandatory mediation for health, consumer, and labor disputes may have subsidized costs. High judicial deference supports efficient processes.

States and Regions