On January 26, 2024, the new General Law on Alternative Dispute Resolution Mechanisms was published in the Official Gazette of the Federation (DOF), along with reforms and additions to the Organic Law of the Federal Judiciary and the Organic Law of the Federal Court of Administrative Justice. These reforms and additions seek to strengthen Mexico’s justice system by promoting the use of alternative dispute resolution mechanisms, which can contribute to greater efficiency and speed in the resolution of legal conflicts.
This regulation establishes various options for resolving legal disputes that may be used by the parties involved in a legal proceeding. Some of the alternative dispute resolution mechanisms include negotiation, mediation, conciliation, and arbitration.
To use these alternative dispute resolution mechanisms, the parties may turn to Public or Private Centers for Alternative Dispute Resolution Mechanisms, which have trained and certified facilitators to carry out these processes.
Below is a brief explanation and summary of the procedure for processing the alternative mechanisms referred to in the Law:
Request: Any person may request attention and access to the processing of alternative dispute resolution mechanisms verbally, in writing, or online before the Public or Private Centers.
Evaluation: The facilitator will review the request to assess the feasibility of resolving the dispute through alternative mechanisms. If the dispute is not suitable, the applicant will be informed.
Summons: If the dispute can be processed through alternative mechanisms, the parties involved will be summoned to a negotiation, mediation, conciliation, or arbitration session.
Development of the session: During the session, the parties involved will have the opportunity to present their points of view and seek solutions to the dispute. The facilitator will act as mediator, conciliator, or arbitrator, as appropriate.
Agreement: If the parties reach an agreement, it will be set out in an agreement that will partially or fully resolve the dispute or conflict. The agreement will have the legal effects provided for by Law.
It is important to note that participation in alternative dispute resolution mechanisms is voluntary, and the parties may decide at any time whether or not they wish to continue with the process. In addition, these alternative dispute resolution mechanisms are limited by Law, absolute respect for human rights, public order, and the will of the parties.
At HG Abogados, we accompany you throughout this procedure to provide the legal support you need. We understand the importance of finding efficient and satisfactory solutions for our clients.
