APPEALING IS INADMISSIBLE AGAINST THE RULING THAT DECLARES ADMISSIBLE AND ORDERS THE ENFORCEMENT OF A MEDIATION AGREEMENT IN MEXICO CITY.

by GPD Law | Sep 19, 2025 | Alerts

The Regional Plenary Court in Administrative and Civil Matters of the Central-South Region, with residence in Mexico City, while resolving the contradiction of criteria 35/2025, determined that an appeal is not admissible against the resolution that declares the enforcement action admissible and orders the enforcement of a mediation agreement.

 

The reasoning of this Regional Plenary Court is based on the fact that the enforcement action is a special procedure for the enforcement of definitive legal acts, since it is a judicial mechanism through which the judge has the power to enforce, to its ultimate consequences, a judgment, award or agreement.

 

In order to ensure the effective and expeditious fulfillment of what has been obtained or agreed, the law seeks to exclude possible procedural obstacles that tend to delay such execution, such as the filing of appeals against resolutions whose direct and immediate purpose is to achieve the materialization of such acts. This legislative intention is immersed within the Code of Civil Procedures applicable to Mexico City, which regulates both the enforcement action and the admissibility of appeals in general, but none of them establishes, directly or indirectly, the admissibility of an appeal against the ruling as described above.  The rationale is that such ruling has as its direct and immediate purpose to promptly enforce the mediation agreement, a characteristic that renders it unappealable.

 

This thesis was published on Friday, September 12th, 2025 in the Federal Judicial Gazette (Semanario Judicial de la Federación) under digital record 2031243.

 

For further inquiries or legal counsel regarding the admissibility of an appeal, please direct correspondence to admin@gpdlaw.mx.

Alfonso González-Paullada
Guerrero

Business Law
Managing Partner

José Alberto
Domínguez Téllez

Dispute Resolution
Partner

Mauricio de Jesús
Soto Rodríguez

Dispute Resolution
Jr. Associate

Alfonso González-Paullada
Guerrero

Business Law
Managing Partner

José Alberto
Domínguez Téllez

Dispute Resolution
Partner

Mauricio de Jesús
Soto Rodríguez

Dispute Resolution
Jr. Associate

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