Las medidas cautelares del proceso civil y la mediación

Zusammenfassung

In this study, it will be analyzed the interim or precautionary measures of the civil proceeding, used on the mediation, previous introduction to the alternatives to litigation in order to resolve a dispute, and making a comparison between Arbitration-Mediation. It can be needed to ensure rights and assets of the claim beforeor during Mediation process and Arbitration process. In this matter, both Arbitration and Mediation have a different legal regulation. The law of Arbitration includes some rules about the competent judge to grant them. This regulation is completed for the legislation on civil proceedings, essentially the Code of Civil Procedure. The arbitrators can to order precautionary civil measures too.Nevertheless, the Law of Mediation only establishes a small referent to interim or precautionary civil measuresto safeguard rights and assets. It doesn’t tell about the competent judge, such measures to grant, etc. The Code of Civil Procedure doesn’t tell about it either. The mediators haven’t «auctoritas» to order them in logic coherence with its legal nature. Thesewill only be ordered for the judges in regard to Mediation process.