La mediación en materia de compliance y su integración en los programas de cumplimiento

Abstract

With the modification of the Criminal Code –reforms of 2010 and 2015– a whole corporate ethical culture has arisen, which can give rise to disagreements and conflict in a corporation since one of the pillars of the Compliance structure is the implementation of a disciplinary system that punishes non-compliance with the measures established in the Compliance Programmes (art. 31 bis Criminal Code, section 5, paragraph 5). This paper aims to highlight how organizational mediation can be a suitable system for resolving disputes arising from the Compliance system. Thus, the starting hypothesis is limited to the use of mediation as an alternative system for resolving conflicts that arise as a result of Compliance and, therefore, to serve to reinforce and raise awareness of prevention and the corporate ethical culture. As a result, it proposes how mediation should be implemented in the Compliance system.