The Traditional Justice System versus Mediation from the Perspective of the Economic Analysis of Law

Abstract

In recent decades, several public and private institutions have pointed out the deficiencies in the Judicial Administration in Spain and, consequently, proposals for reform have been put forward, including the establishment of alternative dispute resolutions (ADRs) that will inevitably arise between individuals and companies. Both in fact represent two ways of solving social conflicts, of doing justice, but in which the observance of the legal guarantees of citizens must the reserve of the Judicial System as a common procedure. Therefore, ADRs are not competitive mechanisms in the sense of being exclusive or alternative, but complementary, which open the possibility for companies and consumers to use extrajudicial means to resolve their conflicts. Mediation in consumer activities presents, in relation to the traditional and ordinary justice system, a series of elements that advise its use, since they can contribute to the improvement of efficiency and equity in the Judicial Administration. In addition, these advantages will increase with the incorporation of digital platforms into the administration of these procedures. Keywords: judicial administration, conflict resolution, efficiency, equity, legal security