Contra todo pronósticotanta digitalización como desconexión de la mediación: ni MASC ni menos

Abstract

The recent reform of Justice, operated by Royal Decree-Law 6/2023, of December 19, which approves urgent measures for the execution of the Recovery, Transformation and Resilience Plan in matters, among others, of public service of Justice, faces a surprising, challenging — and unexpected (given the evident difficulty of implementation in Courts and/or Tribunals that lack sufficient resources) — Digitalization commitment. This overwhelming commitment to a digital transformation of the Administration of Justice follows the path of digitalization of the rest of the Public Administrations, and will be consolidated, very soon, with another of essential interoperability between all of them, as a prior step to their digital unification — true synchronization — institutional with Europe. However, this reform leaves behind, against all odds, another of the purposes of the Justice Plan 2030: the consolidation of Justice as a public service that articulates —at least— two ways of resolving disputes (by the way, with greater or lesser impact : but in all jurisdictional orders): the properly jurisdictional —our only Jurisdiction— and the extra-jurisdictional (whether heterocompositive or self-composition) —Arbitration & Mediation and other MASC—. This study offers a first critical assessment of this urgent procedural reform that prioritizes digitalization at the expense — or at least, with neglect — of humanization, both of Justice.