Abstract

Article 10.2, second paragraph, of Act 5/2012 of July 6, on mediation in civil and commercial matters provides for the adoption of precautionary measures while mediation proceedings are pending. In this paper, I analyze the relationship between precautionary measures and mediation. In particular, I consider the possibility of precautionary measures before the beginning of judicial proceedings and the effects of the start of mediation proceedings. After this, I develop the adoption of precautionary measures while the mediation proceedings are pending. Finally, I study the effects of the termination of the mediation process on any precautionary measures adopted and as regards a new request.

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