LA MEDIACIÓN COMO INSTRUMENTO PARA DESJUDICIALIZAR LOS CONFLICTOS DERIVADOS DE LOS ACCIDENTES DE CIRCULACIÓN EN ESPAÑA

Abstract

Traffic accidents generate a huge number of legal proceedings claiming compensation for injuries and material damage suffered as a result of them, saturating the courts and forcing the parties to become involved in a process that usually lasts around twelve months. This paper aims to highlight the opportunity of using Alternative Dispute Resolution (ADR) as a solution to speed up this type of claims, usually focused on the quantification of personal or material damage, and to reduce the cost in time and money for the parties and for the Administration of Justice. Although in practice there is little culture of mediation in Spain, existing legislation allows parties to resolve their differences through civil and commercial mediation, and there is a draft bill to reform the Spanish procedural system that will oblige those involved in claims of this nature to attend at least the initial mediation session to explore the possibility of resolving their differences in a self-compositive manner, without the need to submit to the decision of a judicial body. The system presents itself as a suitable solution for resolving a significant part of the disputes arising from road accidents without infringing the rights of the parties concerned, as the parties can also use lawyers, experts and provide the evidence they consider relevant and useful. However, the atmosphere of trust in a mediation process should lead the parties involved to choose a single expert to issue an independent report that can be accepted by both parties and thus determine liability and the amount of compensation, if any, in a consensual manner. The lack of interest in ADR in general and mediation in particular can be addressed by inviting insurers to propose and accept this alternative method of dispute resolution, increasing the costs of court proceedings through the imposition of legal costs in any event and increasing the applicable interest rate. When insurers opt for ADR, those involved in a road traffic accident will also be covered by these systems.