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Other National Mediation Laws

Costa Rica’s legislation regarding mediation is primarily governed by Law No. 7727, the “Law on Alternative Dispute Resolution and Promotion of Social Peace” (“RAC Law”), which promotes mediation and arbitration as alternative methods for conflict resolution outside of courts.

RAC Law was enacted in 1998, and focusses on domestic arbitration and other alternative dispute resolution mechanisms, including mediation, to promote social peace.

Chapter 2 of the RAC Law applies to conciliation and mediation.

Article 9 provides that for judicial and extrajudicial conciliation agreements, once approved by the judge, as well as extrajudicial conciliation agreements, shall have the authority and effect of material res judicata and shall be enforceable immediately.

Article 12 lists down the requirements for the settlement agreements to be enforceable, whether adopted in connection with mediation or conciliation processes, or whether judicial or extrajudicial. These requirements are:

  1. Indication of the names of the parties and their capacities.

  2. Clear mention of the subject matter of the dispute and its scope.

  3. Indication of the names of the mediators and conciliators, and, if applicable, the name of the institution for which they work.

  4. Detailed list of the agreements adopted.

  5. If there is a judicial or administrative process initiated or pending, expressly indicate the institution hearing it, the file number and its current status, and mention the parties' willingness to conclude, partially or fully, that process.

  6. The conciliator or mediator must state in the document that they have informed the parties of the rights at stake and have warned them that the agreement may not satisfy all their interests. They must also state that they have warned the parties of their right to consult the content of the agreement with an attorney before signing it.

  7. The signatures of all parties involved, as well as those of the mediator or conciliator.

  8. Indication of the exact address where the parties will receive notifications.

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