The execution of the mediation agreement in civil and commercial matters. A review that can not be postponed

Abstract

The lack of legal regulation of the mediation in commercial and civil matters in Chile generates several difficulties that affect the fulfillment of the mediation agreement, which are analyzed in this work with a view to a lege ferenda proposal. The main models of mediation in patrimonial matters are reviewed, in their extremes of voluntariness and obligatoriness, to determine the effects that generates each of them in the execution of the agreement.