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.