SPAIN Trends and Developments Contributed by: Albert Prats Ribas and Jordi Mayol Orga, BUFETE A. PRATS
Visby Rules (unlike the SMNA) do not ex - pressly provide for liability for delays, this is a recurrent source of conflict. Mediation facilitates the negotiation of compensa - tion without the need to go to court; and (c) carrier waivers: in disputes involving force majeure or inherent cargo defects, media - tion provides a technical and collaborative forum to assess the circumstances and find equitable solutions. In short, mediation not only aligns with the pro - visions of the Hague-Visby Rules, but extends their benefits by offering a more streamlined, cost-effective mechanism adapted to the spe - cific needs of maritime transport. Its flexibility and ability to suspend procedural deadlines reinforces its role as an ideal complement to the regulatory framework established by the Hague- Visby Rules. Practical benefits of maritime transport mediation Maritime transport faces unique challenges, such as high costs, tight deadlines and the need to preserve long-term business relationships. In this context, mediation is perfectly suited to the demands of the sector, offering significant advantages over traditional dispute resolution mechanisms. I) Speed and efficiency Unlike court or arbitration proceedings, which can take months, mediation allows disputes to be resolved in weeks, which is crucial in cases such as cargo damage or delivery delays. II) Confidentiality
Mediation protects sensitive technical and com - mercial information from public disclosure, a key aspect in a competitive sector such as maritime. III) Preservation of business relationships Mediation fosters a collaborative approach, strengthening relationships between the parties and facilitating future contractual interactions. IV) Cost reduction and flexibility With significantly lower costs than litigation, mediation allows for solutions tailored to the specific needs of the parties. V) Avoidance of lawsuits to preserve actions Sometimes, considering the existence of short time bars, claimants may be driven to file a judi - cial claim to prevent their actions from expiring. This is avoided through mediation. In other words, mediation, promoted by Organic Law No 1 of 2025, together with the provisions of the SMNA and the Hague-Visby Rules, forms a regulatory framework that could help balance contractual protection, agility and efficiency. This mechanism allows disputes to be resolved quickly, confidentially and economically, com - plementing jurisdiction and arbitration. In short, mediation is consolidating its position as a strategic solution for managing the com - plexities of maritime transport, offering a perfect balance between the flexibility and legal certain - ty required by this key sector. The role of Chambers of Commerce in maritime mediation The amendment of Law No 4 of 2014 by Organ - ic Law No 1 of 2025, gives Chambers of Com -
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