The guarantee of the right to effective judicial protection in the major systems of alternative conflict resolution: arbitration and mediation

  • María Pérez-Ugena Coromina
DOI: https://doi.org/10.18543/ed-62(1)-2014pp159-189
Keywords: Arbitration, Mediation, Effective Judicial Protection

Abstract

This article analyses the role of the State as guarantor of fundamental rights in cases where justice is not administered directly by the organs of the judiciary, but through alternative dispute resolution systems. The article reviews the specific actions that must be subject to jurisdictional control so that, respecting the principle of parties’ disposition for disputes which subject-matter does not relate to public policy, the choice of alternative dispute resolution mechanisms does not entail the defeat of the mandatory principle of judicial effective protection. This leads us to define the reporting principles underpinning the main alternative dispute resolution systems as well as monitoring and enforcement of arbitral awards and mediation agreements.

Published online: 13 November 2014

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Published
2014-11-13
How to Cite
Pérez-Ugena Coromina, María. 2014. “The Guarantee of the Right to Effective Judicial Protection in the Major Systems of Alternative Conflict Resolution: Arbitration and Mediation”. Estudios De Deusto 62 (1), 159-89. https://doi.org/10.18543/ed-62(1)-2014pp159-189.
Issue
Vol. 62 No. 1 (2014)
Section
Studies

Last update: 08/02/2022

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