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ARTICLE · 19 MARCH 2024

Validity Of Mediation Agreements In Mexico City

Mediation is one of the alternative dispute resolution methods available in Mexico. In mediation, the parties go to a mediator to avoid or put an end to a dispute after negotiation...

MexicoLitigation, Mediation & Arbitration
Cacheaux, Cavazos & Newton
Cacheaux, Cavazos & Newton

Mediation is one of the alternative dispute resolution methods available in Mexico. In mediation, the parties go to a mediator to avoid or put an end to a dispute after negotiation, with reciprocal concessions. This results in an agreement, which, when executed before an authorized mediator, has the status of res judicata, the same as a judicial resolution.

The Alternative Justice Law of the Superior Court of Justice for the Federal District (now Mexico City) establishes as guiding principles of mediation: 1) voluntariness; 2) confidentiality; 3) flexibility; 4) neutrality; 5) impartiality; 6) fairness; 7) legality; and 8) economy.

On September 22, 2023, two judicial decisions issued by the Third Collegiate Court in Civil Matters of the First District were published. The decisions contained judicial criteria regarding observance of the guiding principles of the mediation procedure to determine the validity of mediation agreements entered into in Mexico City.

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