Arbitration and Mediation
Introduction
The Interconfederal Mediation and Arbitration Service (SIMA-FSP Foundation) is a foundation "Foundation (Law)") of the state public sector of Spain, supervised by the Ministry of Labor and Social Economy and intended for the management of mediation and arbitration procedures "Arbitration (Law)") regulated in the Agreement on Autonomous Conflict Resolution (ASAC). Its main objective is the resolution of any collective labor dispute whose territorial scope exceeds that of an autonomous community.
At the same time, its mission is to disseminate mediation and arbitration as effective instruments for the resolution of labor disputes outside of social jurisdiction.
[1]
[2]
[3].
Background
On January 25, 1996, the organizations CC.OO., UGT, CEOE and CEPYME signed the First Agreement on the Extrajudicial Solution of Collective Labor Disputes (ASEC), published in the BOE of February 8, 1996, in order to establish a collective labor dispute resolution system alternative to judicial means.
It entrusted the Interconfederal Mediation and Arbitration Service with the management of the mediation and arbitration procedures regulated there.
The ASEC, whose validity ended on December 31, 2000, was followed by ASEC II (BOE of February 26, 2001), ASEC III (BOE of January 29, 2005), ASEC IV (BOE of March 14, 2009), ASAC V (BOE of February 23, 2012) and ASAC VI (BOE of December 23, 2009). 2020), with the SIMA Foundation remaining the manager of its procedures.
Operation
The mediation and arbitration procedures of the ASAC are governed by the principles of free of charge, speed, procedural equality, hearing of the parties, contradiction and impartiality (article 10 VI ASAC).
SIMA's actions are free for the parties, as its resources are public in nature.
mediation
In the event that a collective labor dispute arises of a scope greater than an autonomous community, any of the parties legitimated according to the ASAC may submit a request for mediation to the SIMA against the other party in conflict. Said body, after reviewing that it complies with the requirements established in the ASAC (identification of the parties, object of the conflict, scope of the conflict, signature and seal, mainly), will begin the processing of the procedure whose duration is, unless the parties agree to extend it, ten days from its initiation.