Mediable and non-mediable cases. Always clear?

Abstract

This article introduces mediation as an alternative method for conflict resolution and the use in Latin America and part of the European continent, to subsequently delve into the Cuban norm (Decree Law 69) and carry out an analysis of what mediable and non-mediable regulated therein, with express, although general, reference to some of the matters available for mediation such as: commercial, family, work and social security, criminal; any other matters, as long as they are available, that is, that the parties can decide for themselves; It is clear that although the young Cuban norm allows mediation in the above matters, not all the issues that arise in them are mediable, which is defined in the practical exercise. The issues that cannot be mediated under the current Decree Law 69: “On Conflict Mediation” were addressed in a general way, published on February 22, 2023 and in force 60 days later and more specifically, which matters may or may not be the subject of mediation in some matters.