ADR however, is increasingly gaining popularity. The Chamber of Commerce of Santiago has inaugurated a mediation service and the Ministry of Justice is proposing to introduce a national mediation system, to be mandatory for family matters. Both of these procedures normally require the consent of both parties before they can be initiated. If there is a mutually accepted outcome, the result will be a transaction contract. The new law on consumer protection, recently enacted, establishes a mandatory kind of mediation or conciliation.
Arbitration is available and widely used.
Administered arbitration is also gaining popularity. Although there is no law on mandatory mediation, this alternative form of dispute resolution is available at the Arbitration and Mediation Centre of the Chamber of Commerce of Santiago on voluntary basis. The exception is conciliation, which in most civil cases must be conducted by the judge. On the other hand, a limited number of issues are subject to mandatory arbitration, such as maritime disputes. In situations where conciliation is mandatory it must be carried out by the judge according to the Code of Civil Procedure.