A controversy before the Courts of the country is always complicated because it involves factors such as lawyers’ fees, personal resources, bureaucracy, long times to obtain a judgment and factors such as the excessive workload that the Authority has at the local or federal level, which makes access to the administration of justice difficult.
On February 5, 2017, a Decree was published in the Official Gazette of the Federation amending and adding diverse dispositions of the Mexican Constitution, in matters of Alternative Dispute Resolution Mechanisms, Regulatory Improvement, Civic and Itinerant Justice and Civil Registries, granting the Congress of the Union the attribution to promulgate the General Law of Alternative Dispute Resolution (“LGMASC”), which according to the transitory articles of such constitutional amendment should have been promulgated within a term of 180 calendar days following the entry into force of the Decree.
The amendments were made to Sections XXI, paragraph c) and XXIX-R of Article 73 and a last paragraph was added to Article 25, as well as Sections XXIX-A, XXIX-Y and XXIX-Z to Article 73 of the Federal Constitution.
The amendments include the implementation of public policies for the simplification of regulations, procedures and services and the objectives established by the general law on the topic and grants authority to the Congress of the Union to promulgate the LGMASC that establishes principles and bases for alternative dispute resolution, except for criminal matters.
In accordance with the Second Transitory Provision of the Decree, the Supreme Court of Justice of the Nation (“SCJN”) in its resolution of amparo in review 651/2022 decided that the Congress of the Union must promulgate the LGMASC as soon as possible, except for criminal matters, in accordance with the principle of constitutional supremacy.
In observance of the SCJN resolution, the Technical Group in charge of the discussion and drafting of the new legislation, which promises to provide citizens with alternative tools to resolve conflicts without having to go to court, was installed.
The Justice Committee of the Senate of the Republic emphasized that the drafting of the LGMASC will begin at the beginning of the next Ordinary Period of Sessions and that it will help reduce the workload that exists in the courts, will expand the options for users to resolve disputes more quickly and will promote a culture of coexistence in peaceful environments, so that confidence in the institutions of justice can be restored.
Marcos Fabian Castro Cano
