La mediación como "medio adecuado de solución de controversias" (MASC)Especial referencia al sector obtentor vegetal

Resumo

The research approaches, from a multidisciplinary legal perspective, the problem of conflict resolution, inherent to the human condition. Being aware of the implications of resorting to the courts as a way of resolving disputes, it analyses each of the possible alternative means included in the Project of Law on Procedural Efficiency Measures for the Public Justice Service (published on April 2nd, 2022) and which the text calls "Appropriate Means of Dispute Settlement" or "MASC", making special reference to mediation. In this respect, the treatment that mediation and other MASC have received in the comparative law legislation closest to our legal system is studied, with the aim of learning from other legal realities. Two of the EU countries in which new procedural requirements have been established that must be met before accessing the courts, Italy and France, are serving as a source of inspiration for the Spanish legislator. The study is carried out from a multidisciplinary and practical point of view, carrying out research applied to the plant breeding sector, in which the province of Almeria is an international referent. It analyses the conflicts that tend to arise in the field of plant breeding companies and their implications in civil, corporate and criminal matters, with the aim of addressing possible drawbacks and proposing solutions in a global manner. The analysis concludes by proposing ways of finding a "de-judicialise solution" to conflicts, whether by means of negotiation, mediation, private conciliation or by obtaining an independent expert opinion, in order to reach agreements within a reasonable period of time and which are respected by the parties. It also defends the need to pay special attention to the so-called "jurisdiction clause" in contracts, so as to determine before signing the contract how possible disputes that may arise in the framework of the contractual relationship, will be resolved.