1E9Ct5D

The amparo proceeding will be primarily related to the violation of the principle oflegality. The matter thus commonly has to do with whether or not the judge correctlyapplied the causes of nullity or of denial of the recognition and enforcement of the arbitralaward. Therefore, the court that hears the amparo proceeding must examinewhether the judicial ruling that is challenged has been correctly issued and indicate, ifsuch is the case, that the judge incorrectly evaluated the causes of nullity or recognitionof the award. We repeat that under no circumstances is the amparo court allowedto review the substance of the award.7. Mediation358C H A P T E R X X I IIn Mexico mediation is recognized as an alternative dispute resolution mechanism thatallows the use of a means other than a judicial procedure, with the purpose of allowingthe parties to reach a settlement recorded in a settlement agreement.Among its distinctive characteristics are that it is a consensual mechanism thatrequires the expression of the will of all the parties involved to submit to it. Furthermore,it allows the parties to be involved in the process within a context of flexibility,specialization and confidentiality.It presumes the involvement of a third party who only facilitates the dialogue, thecommunication, and the understanding between the parties. The function of the thirdparty consists of helping to generate an environment favorable for the construction of aresolution and to support the parties in the drafting of and compliance with the agreementreached. In contrast to the arbitrator, the mediator never imposes a solution nor isable to give proposals, as the conciliator can.Mediation can be private or public, depending on whether it is carried out in a privatemediation center or if it is conducted according to judicial regulations.7.1. Private MediationIn private mediation, the parties can agree to submit the dispute to a chosen ad hoc mediator,or they can make use of an institutional mediation proceeding in which previouslydrafted procedural rules are applied.In both ad hoc and institutional mediation, it is advisable to establish a time periodafter which, if an agreement has not been reached by the parties through such mediation,another dispute resolution mechanism will be used.In institutional mediation there are several centers with mediation rules, both in thenational and the international context, such as these mentioned below:a) In the national context, the CANACO and the Mexican Mediation Institute (InstitutoMexicano de Mediación) stand out;