On 31 May 2024, a decree issued by the Plenary of the Federal Judiciary Council was published in the Official Federal Gazette (“DOF”), declaring the establishment of the National Council for Alternative Dispute Resolution Mechanisms (“CNMASC”).
The establishment session was held on 19 April 2024, within the 90-day term provided for in the Sixth transitory article of the decree by which it was issued the General Law of Alternative Dispute Resolution Mechanisms (“LGMASC”).
Relevant aspects of the CNMASC are discussed below:
i) Competence.
The CNMASC is the highest public policy governing body in Mexico for alternative dispute resolution mechanisms1, in charge of outlining and developing rules to promote the effectiveness of non-jurisdictional procedures.
Among others, CNMASC is empowered to:
• Issue guidelines for training, evaluation, certification2, renewal, cessation, and revocation of facilitators3.
• Issue the guidelines for the creation of the National Platform of Facilitators - which shall contain the information regarding those who perform the function of Facilitators -, which shall be administered by the Federal Judiciary Council for public consultation.
• Issue the guidelines for the creation, updating and maintenance of the Systems of Arrangements, sub-scribed in national territory, which shall be operated by the Federal and local Councils of the Judiciary, in their respective areas of competence.
• Issue guidelines and bases for the participation in the Council sessions - with voice, but without vote - of representatives of academic institutions, private facilitators and professionals specialized in the field.
• Approve the guidelines for the execution of collaboration agreements with public and private, national or foreign institutions for the delivery of training courses and academic programs aimed at obtaining the certification of facilitator.
The CNMASC shall gather in ordinary sessions at least four times a year, with a minimum quorum of half plus one of its members. Decisions shall be taken by a simple majority of its members present.
ii) Structure.
The CNMASC is integrated by 33 members, consisting in the heads of the Public Centers of Alternative Dispute Resolution Mechanisms of the Federation and from each state.
The CNMASC’s President must be appointed by secret vote of two thirds of its members, for a 3-year term. Additionally, the CNMASC has a Technical Secretary, who must be appointed by the President, with the approval by a simple majority of its members and who will also have a 3-year term in office.
iii) Consequences of its establishment.
From its establishment, CNMASC must, within 180 calendar days, issue the guidelines indicated in this notice, as well as approve its internal regulations. The foregoing, according with the Twelfth transitory article of the Decree by which the LGMASC was issued.
Von Wobeser will follow up on the issuance of such guidelines, as well as their implications in the implementation of the policies and targets set forth in the LGMASC.
Finally, we share with you the link here to the publication in the DOF:
For additional information, please contact:
Adrián Magallanes, Partner:+52 (55) 5258-1077 | amagallanes@vwys.com.mx
Jessika Rocha, Partner:+52 (55) 5258-1077 | jrocha@vwys.com.mx
Ernesto Palomares, Associate:+52 (55) 5258-1077 | epalomares@vwys.com.mx