New Trends of Digital Justice: The Online Mediation—Between a Challenge and a Reality (The Portuguese Legal Framework)

Cátia Marques Cebola and Susana Sardinha Monteiro ()
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Cátia Marques Cebola: Portucalense Institute for Legal Research, Polytechnic University of Leiria, 2411-901 Leiria, Portugal
Susana Sardinha Monteiro: Portucalense Institute for Legal Research, Centre for Studies in Education and Innovation, Polytechnic University of Leiria, 2411-901 Leiria, Portugal

Laws, 2024, vol. 13, issue 2, 1-12

Abstract: The Directive 2008/52/EU of the European Parliament and Council of 21 May 2008, regarding certain aspects of mediation in civil and commercial matters, does not seem to have been designed for online mediation since it does not expressly include rules in this regard, though it does not prohibit it either. The Portuguese legislator, through Law 29/2013, of 19 April 2013 regulated mediation in an autonomous and systematic way in Portugal, covering internal and cross-border conflicts, and went beyond the EU requirements prescribed by the 2008 Directive, which only specified regulation to cross-border conflict mediation. Like the EU Directive, the Portuguese law does not explicitly address online mediation, but it neither prohibits nor excludes its application. In this article, we intend to present and conceptualize online mediation within the scope of Online Dispute Resolution (ODR) procedures. We will present the specific features and principles of online mediation, thus enhancing the main challenges and potentialities of its use as an adequate means of resolving conflicts.

Keywords: ADR; ODR; mediation; online mediation (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2024
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