Register of Intermediaries and Intermediation Institutions
What is it?
The Register of Intermediaries and Intermediation Institutions is public and for information purposes and it consists of a computerised database which is accessible free of charge on the Ministry of Justice website to provide public access to this means of solving disputes by publishing professional intermediaries and intermediation institutions.
The Register of Intermediaries and Intermediation Institutions is accountable to the Ministry of Justice and appeals may be lodged with the Under-secretary for Justice against resolutions of the Registrar.
The Register of Intermediaries and Intermediation Institutions is structured in three sections:
- Section One: Registration of intermediaries, natural persons.
- Section Two: Registration of bankruptcy intermediaries. Who may be natural or legal person intermediaries.
- Section Three: Registration of intermediation institutions. Only legal persons.
Who can request it?/present
Registration on the Register of Intermediaries and Intermediation Institutions is voluntary, except for bankruptcy intermediaries whose accreditation of the requirements demanded and prior registration on the Register will enable their details to be supplied to the Portal of the "Official State Gazette" for their appointment in proceedings to reach out-of-court agreements on payments, in accordance with title X of the Bankruptcy Act.
Intermediation is understood to be dispute resolution, whatever it may be known as, in which two or more parties voluntarily attempt to reach agreement amongst themselves with the intervention of an intermediary.
Intermediaries can be natural persons in full exercise of their civil rights, provided that this is not prevented by the law that they may be subject to in the exercise of their profession.
Legal persons who are intermediaries, whether they are professional companies or any other provided for by judicial legislation, must appoint a natural person meeting the requirements provided for by the Law for the task.
REQUIREMENTS TO BE AN INTERMEDIARY:
The intermediary should hold an official university or higher vocational training qualification and have specific training for intermediation, which will be acquired by doing one, or several, specific courses delivered by duly accredited institutions which are valid to exercise the activity of intermediary in any part of Spanish territory.
The intermediary must take out insurance, or an equivalent guarantee, that covers the civil liability arising from their action in disputes in which they intervene.
This is a natural person who, at the same time, meets both the requirements set forth to be an intermediary and those required under the Bankruptcy Act, in article 27.1, in order to be an official receiver, may be appointed as such by Notaries or Company Registrars in the out-of-court payment agreements referred to in Title X of Law 22/2003, of 9 July, the Bankruptcy Act. Legal persons may also be bankruptcy intermediaries in bankruptcy intermediation provided they act through a natural person meeting the above conditions.
Intermediation institutions are considered to be public or private entities, whether Spanish or foreign, and public law corporations whose corporate purpose includes driving intermediation, facilitating its access and administration, including the appointment of intermediaries, and must guarantee the transparency of such appointments. If arbitration also appears amongst their purposes, they will take the necessary measures to ensure separation of the two activities.
The intermediation institution may not provide the intermediation service directly, nor will it intervene in it further than provided for by the Law.
The following deadlines are established for introduction of the Register of Intermediaries and Intermediation Institutions:
a) The date for despatch by training centres of the information shown in paragraph 3 of article 7 commences on 1 March 2014.
b) The date on which the Register will open for applications for registration by intermediaries, bankruptcy intermediaries and intermediation institutions is 1 April 2014.
c) The start date on which the Register will become public is 1 June 2014.
How to request it/present
- Law 5-2012, mediation in civil and commercial matters. (PDF. 298 KB)
- Royal Decree 980-2013, implementing the law on mediation. (PDF. 268 KB)
- Order JUS/746/2014, of 7 May, implementing Articles 14 and 21 of Royal Decree 980/2013, of 13 December, and creating the registry of mediators and mediation institutions. (PDF. 152 KB)