Mediation in Panama

Quick Facts

• Legal Framework: The new Arbitration Law 131 was approved on December 31, 2013, regulating National and International Arbitration in Panama. The first specialised law in arbitration, conciliation and mediation was Dec...
• Cultural Approach: ADR processes emphasise efficiency and enforceability. Panama has specific laws governing ADR processes. The cultural approach values modern dispute resolution mechanisms aligned with international be...
• Typical Costs: ADR processes designed to be cost-effective compared to traditional litigation. Costs determined by CeCAP institutional rules and fee schedules. CeCAP provides arbitration, mediation and conciliation ...

Mediation Research

Legal Framework

The new Arbitration Law 131 was approved on December 31, 2013, regulating National and International Arbitration in Panama. The first specialised law in arbitration, conciliation and mediation was Decree Law 5 of 1999 approved on July 8, 1999. Due to constitutional challenges, Law 15 of 2006 was approved to restore, modify and add norms to Decree Law 5 of 1999. The Center of Conciliation and Arbitration of Panama (CeCAP) promotes the use of arbitration, mediation and conciliation.

Court System

The Arbitration Law 131 aligns with UNCITRAL Model Law providing modern legal framework. Courts support arbitration through the legislative framework. Conciliation agreements have the force of law and value of a final judgment (Article 48 of Decree Law 5 of 1999). Further research needed on specific court-annexed mediation programs.

Mediator Regulations

CeCAP is sponsored by the Commerce, Industries and Agriculture Chamber of Panama and other business guilds. Professional standards are maintained through CeCAP and legal practitioners. The Regulation for Arbitration, Conciliation and Mediation of CeCAP governs procedures. Further research needed on specific mediator certification processes.

Cultural Approach

ADR processes emphasise efficiency and enforceability. Panama has specific laws governing ADR processes. The cultural approach values modern dispute resolution mechanisms aligned with international best practices. Further research needed on specific cultural approaches to mediation.

Typical Costs

ADR processes designed to be cost-effective compared to traditional litigation. Costs determined by CeCAP institutional rules and fee schedules. CeCAP provides arbitration, mediation and conciliation services with fee structures aligned with international standards. Costs typically shared between parties unless otherwise agreed. Mediation generally costs significantly less than full court proceedings. Specific fee schedules available from CeCAP.

States and Regions