By Resolution No. 036 of February 28, 2024, published in Official Registry 521 on March 19, 2024, the Attorney General of the State issued the new Regulations to the Mediation Center of the Attorney General’s Office (the “Regulations”).
The key points of the Regulations are summarized below:
1. The Mediation Center (the “Center”) of the Attorney General’s Office (“PGE”) will exclusively provide its services for the resolution of conflicts between: (i) public entities; (ii) public and private entities; (iii) public entities and individuals; and (iv) private entities exercising public activities by delegation, concession, authorization, or financing, and entities or individuals.
2. The Mediation Advisory Board (the “Board”) has been established. It will consist of the Attorney General of the State or his delegate, the Legal National Director of PGE, and the Center Director. The Attorney General of the State will chair the Board.
3. The Board is empowered to issue: (i) interpretative resolutions of the Regulations, (ii) amendments to the Regulations, and (iii) guidelines, instructions, and manuals for the Center’s operation.
4. PGE will only call upon external mediators when: (i) the case is exceptionally complex; (ii) the parties require assistance in understanding the conflict and its potential solutions due to the technical and specialized nature of the case; (iii) there is a high workload; or (iv) if there is only one mediator in any of the PGE offices and that mediator has recused himself.
5. Legal advisors may accompany the parties during mediation hearings. However, the mediator has the discretion to determine how they will participate.
6. Mediation is confidential unless the parties agree otherwise.
7. The parties may agree to conduct all or part of the mediation process through electronic means.
8. Mediation procedures will be limited to a maximum of two years, which can be extended up to 180 days upon the parties’ request and the Center Director’s approval.
9. If the agreed amount is over US$5,000.00, the paying party must confirm that the funds used to fulfill the obligation are legal.
10. The parties may request to reopen a mediation process if it ended without agreement or with partial agreement.
11. Mediation processes initiated before the Regulation’s effective date will continue under the previous regulation.
Mario Fernández, associate at CorralRosales
mfernandez@corralrosales.com
+593 2 2544144
DISCLAIMER: The previous text has been prepared for informational purposes. CorralRosales is not responsible for any loss or damage caused as a result of having acted or stopped acting based on the information contained in this document. Any additional determined situation requires the specific opinion and concept of the firm.