Aug 28, 2013 09:37
10 yrs ago
7 viewers *
Spanish term

disponer libremente de su objeto

Spanish to English Law/Patents Law (general) Mediation
Hello. This is from a newspaper article on mediation as an alternative to litigation.

"La mediación se puede aplicar en principio a todos los conflictos que surjan dentro de una relación civil o mercantil, siempre y cuando las partes puedan disponer libremente de su objeto, pero existen supuestos de exclusión entre los que se encuentran las siguientes materias: Penal, Laboral, mediación con Administraciones Públicas, y en materia de consumo."

There's no mention of any "objeto" anywhere else in the text.

Going into UK English.

Thanks for your help

Simon

Proposed translations

+1
3 hrs
Selected

, provided that they are free to deal with the subject matter,

The idea here is that they are free to agree to mediation PROVIDED THAT they have the freedom to mediate on the particular subject matter but there are some subject matters which are reserved and on which they are not allowed to go to mediation.

objeto is very often translated as 'subject matter'
siempre y cuando here means PROVIDED THAT

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Note added at 4 hrs (2013-08-28 13:40:00 GMT)
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, siempre y cuando las partes puedan disponer libremente de su objeto,
=
, provided that the parties are free to deal with the subject matter,
Peer comment(s):

agree Toni Castano : Agree, "objeto" = "objeto del litigio", and some of them are certainly not subject to mediation.
4 hrs
Thanks Toni.
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4 KudoZ points awarded for this answer.
21 mins

are in a position to freely mediate on the subject in question

Hi Simon,

I think the "su objeto" relates to the "mediación" as in the "subject of the mediation".

I'm not sure that my phrasing is the most elegant but I do understand the phrase to mean that there are some subjects on which the parties will not be in a position to freely mediate, primarly because these subjects are not negotiable because they require intervention by the courts or because they require certain guidelines to be adhered to.

Mediation I suppose requires some kind of freedom of movement to exist in order for either party to be able to give somewhat to get to a point of mutual understanding and I think that this is what the author meant with this phrase, which I admit is oddly expressed.
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58 mins

can freely "accept" the mediation process

http://mediatoris.com/mediacion-conciliacion

I think, in this case, that the "objeto" is in fact the "objective" to be understood in this case as "the objective of the mediation" (see link) which is in fact to conciliate, mediate, come to an agreement, to try and "reduce the gap" between both parties..... i.e. eliminate the "dispute"

my translation attempt may not be the most appropriate but you can polish is when you understand the concept, the disputing parties do not do the mediating but must be prepared to "accept" the result of the mediation process... (I had in fact, at first written "embrace" for accept, but I think this is the general idea)
Good luck
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6 hrs

Already answered in forum

may freely dispose of the object
Peer comment(s):

neutral Billh : No Mike. Your link does not work but this would be an entirely different sort of context.
11 mins
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