Mediation-in Spain

The Role of the Mediator in Extrajudicial Payment Agreements in Spain (EPA)

Per the European Code of Conduct for Mediators and the Spanish Mediation in Civil and Commercial Matters Act (LM), a mediator must maintain confidentiality regarding information and documents obtained during mediation, with the European Code of Conduct extending this duty to the mediation’s existence (point 4). The LM specifically holds the mediator responsible for any breach of this confidentiality obligation, highlighting its importance.

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New Debt Settlement Procedure for Entrepreneurs in Spain

The Entrepreneur Support Act (Law 14/2013), effective from September 27, has brought about reforms. Notably, it has increased flexibility in the quorum of financial creditors for court approval of refinancing agreements. Moreover, regulations now govern extrajudicial payment agreements as tools for negotiating with creditors outside the judicial process.

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