arbitration in mexico

by Don D. Nelson, Attorney at Law.

ARBITRATION IS YOUR BEST SOLUTION WHEN YOU HAVE A LEGAL DISPUTE IN BAJA SUR ( or How to Avoid the Dysfunctional  Mexico Court System)  
The Courts in Baja Sur have a huge backlog of pending lawsuits. It can take five to ten years for a decision to be handed down.  This inertia has made the justice system in Baja Sur  totally dysfunctional.  People with valid disputes involve large or small sums of money never bother to file with the Courts due to the barely functioning legal system here.

Mexico has excellent arbitration laws.  When the parties to a disagreement cannot negotiate and resolution or successfully mediate, Arbitration is the solution to avoid the long and expensive court litigation procedures.  You should consider insisting on putting in an arbitration and mediation provision in your next business, real estate, or construction contract.   Then you will automatically provide for arbitration should a dispute later occur.  You can also with the agreement of the disputing party agree to arbitrate though there is no such paragraph in your written agreement or even if you are already in the Court system.

When the parties agree to arbitrate through an Arbitration Service which will administer the process the entire process usually takes from 10 months to 22 months (for large cases). The steps involved are generally as follows:

Agreeing to arbitrate and each party informs the others of the issues.
Choosing the neutral party (attorney or expert) to hear each side and make the final decision. This can be from one to three people. They are chosen from a panel of attorneys and other experts previously vetted by the Administrator.
Holding an initial hearing and exchanging information between the parties.
Holding the main hearing to hear testimony, produce evidence, and argue the law
Exchanging post hearing legal briefs
The Arbitrator awards the decision.
Entering the Arbitrator(s)'s  decision with the Courts as a final judgment (arbitration decisions in almost every instance may not be appealed).

Other advantages of Arbitration over litigation in Court includes having oral testimony from witnesses or experts and having the arbitrator (s)decision maker being an expert in the area of law or industry involved. The arbitrators(s) can even be Americans or Canadians.   that choice is up to the parties to the dispute.

The governor of Baja Sur is currently working on Constitutional and legislative changes which facilitate  mediation and arbitration in Baja Sur. You can immediately request an arbitration or mediation to resolve your disputes by contacting the San Jose based  Mediation and Arbitration Service at mediatearbitraje@gmail.com .  

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