Abstract

CARDONA, Noemí Jiménez. BRIEF REFLECTIONS ABOUT MEDIATION IN THE FINANCIAL AND BANKING SECTOR. SPECIAL REFERENCE TO LAW 7/2017 AND THE PROPOSED DRAFT LAW ON PROCEDURAL EFFICIENCY MEASURES OF THE PUBLIC JUSTICE SERVICE OF 2020. Revista Internacional CONSINTER de Direito [online]. 2022, n.14, pp.199-230.  Epub Sep 03, 2022. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00014.08.

This article focuses its main hypothesis of study on the so-called “mediation in the financial and banking sector”, as a sectoral and specialized manifestation of consumer mediation. To achieve this end, the method used has focused on the doctrinal and jurisprudential analysis on the matter, with special reference to the treatment of extrajudicial procedures for conflict resolution in Law 7/2017 and the Draft Law on Procedural Efficiency Measures of the Public Justice Service (2020), as well as its particular application in the field of mortgage loans. Among the results achieved, it can be anticipated that the use of mediation in this area may be useful for the protection of consumers, although there are aspects of the current regulation as well as the one proposed by the preliminary draft that must be the subject of a necessary jurisprudential specification.

Keywords : Mediation in the financial and banking sector - Consumer Law - Mortgage Credits - Procedural Efficiency.

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