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Acta de imposibilidad de mediación y vulneración a la tutela judicial efectiva.

Abstract:

The purpose of this academic article is to analyze the requirement set forth in the Article 46 paragraph a of the Arbitration and Mediation Law, which prescribes that the existence of the act of impossibility of agreement is necessary for the cases that have been submitted to mediation to be heard by the ordinary courts. For this purpose, the institution of mediation will be studied, developing its nature, characteristics, and impact in the legal world. Furthermore we will analyze the affectation of the requirement demanded in the article 46 to the effective judicial protection, which implies to investigate if a right of constitutional rank is affected. Once the study has been carried out, we have concluded that it is necessary that the article 46 may be reformed because it obstructs access to justice and violates the principle of effective judicial protection.