Mediation In
Pica, Tarapacá

State Laws

Tarapacá operates under the national Chilean mediation framework and the Alternative Dispute Resolution laws. The Tarapacá Regional Court implements these frameworks at regional level. The Chilean Civil Procedure Code encourages mediation before litigation.

Court-Mandated Programs

Chilean law requires mandatory pre-judicial family mediation for disputes over child support, custody and direct regular contact under Article 106 of Law 19.968; the procedure may last up to 60 days and, if it fails, a Certificado de Mediación Frustrada must accompany the claim. In Tarapacá this service is delivered through centres accredited by the Ministry of Justice and by private registered mediators, coordinated regionally by the SEREMI de Justicia. In civil proceedings a mandatory conciliation hearing applies, and judges and parties must promote alternative dispute resolution under Article 3 bis of the Civil Procedure Code.

Licensing Requirements

Statutory mediators must be inscribed in the Registro de Mediadores administered by the Ministry of Justice through its regional Secretarías Ministeriales de Justicia (SEREMI), which maintain a roster for Tarapacá. Under Law 19.968 and its regulation Decreto 763 of 2008, applicants need a university degree of at least eight semesters, at least 180 hours of theoretical training (80 of them in mediation) plus 40 practical hours, and a clean record. Only registered mediators may conduct mandatory family mediation.

Local Court Systems

Tarapacá has the Tarapacá Regional Court (Corte de Apelaciones de Iquique) at the apex in Iquique, followed by first instance courts and peace courts. Each level has dedicated mediation facilities. The Regional Court coordinates mediation activities across all court levels.

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 labour law. Decreto Exento N°277 of 30 January 2026 reajusta el arancel máximo que podrán percibir durante 2026 los mediadores privados inscritos en el Registro de Mediadores regulado por la Ley N°19.968. Decreto N°113 of 14 January 2025 reajusta el arancel máximo de mediadores privados para 2025. Oficio Circular N°3511 of 10 June 2025 imparts instructions on article 112 of Law 19.968 and article 4 of its Reglamento regarding the Registro de Mediadores.

While Chile 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 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

Statutory mediation in Chile may only be conducted by mediators inscribed in the Registro de Mediadores, administered by the Ministry of Justice through its regional SEREMI offices. To register, a candidate must hold a professional degree of at least eight semesters, complete at least 180 theoretical hours of specialised mediation or family training (of which at least 80 hours cover the mediation process) plus 40 practical hours, have no conviction for offences under articles 361 to 375 of the Penal Code or for domestic violence, and provide adequate premises. These requirements derive from Ley 19.968 article 112 and Decreto 763 of 2008. Maximum fees that registered private mediators may charge are set by annual decree, most recently Decreto Exento 277 of 30 January 2026 for 2026 and Decreto 113 of 14 January 2025 for 2025.

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 labour disputes may have subsidised costs. High judicial deference supports efficient processes.