1ª Edición, Febrero 2017
Editorial COMARES
SINOPSIS
The central idea behind the EMEDEU project is the development of a pre-legislative proposal for the promotion of effective electronic mediation in cross-border civil and commercial matters at European level, laying down the groundwork for the future application of the European rules about ODR. This project also has a second objective: the design of the «European Code of Conduct for electronic mediators».
Accordingly, the EMEDEU project aimed to make available a legal framework suited for an effective cross-border electronic mediation in civil and commercial matters with maximum procedural guarantees and uniformity throughout the territory of the European Union. It was therefore essential to incorporate the views of litigants and lawyers about the possibility of creating a wide out-of-court electronic mediation procedure.
In addition, the EMEDEU project examines the consequences that ODR techniques would have on mediators, which it is referred as E-mediator or mediator 2.0. We have researched about their legal statute: rights, responsibilities, skills, qualities, training, etc. Our proposal develops a proposal of «European Code of Conduct for electronic mediators», which could serve as a reference for governments and their national administrations of justice, as well as mediators themselves.
ÍNDICE
PART I
ONLINE MEDIATION IN CROSS-BORDER CIVIL AND COMMERCIAL MATTERS IN THE EUROPEAN UNION. GENERALS ASPECTS OF THE LEGAL FRAMEWORK AT INTERNATIONAL LEVEL: PROPOSALS AND RECOMMENDATIONS
MEMBERS OF THE EMEDEU PROJECT
Proposal for the Regulation of an Online Dispute Resolution Platform within the Scope of the European Union FEDERICO BUENO DE MATA. Spain
Procedure: Proposals and Recommendations
LORENZO M. BUJOSA VADELL. Spain
Collective Mediations: Proposals and Recommendations LORENZO M. BUJOSAVADELL. Spain
Online Mediation in Cross-Border Civil and Commercial Matters in the UK: A Proposal for a European Legal Framework
PABLO CORTÉS. UK
Online Mediation in Cross-Border Civil and Commercial Matters in French Law: Recommendations for EU Law
GAËLLE DEHARO. France
Electronic Mediation for Family Conflict: Present and Future
ALMUDENA GALLARDO RODRIGUEZ. Spain
General Aspects of E-Mediation in Italian Law and Proposals for EU Law
ANDREA GIUSSANI. Italy
Advantages and Disadvantages of Online Mediation: A Psychosocial Look
CARMEN HERRERO. Spain
Cross-Border Electronic Mediation in Private Law in the European Union: Objectives and Principles
FERNANDO MARTÍN DIZ. Spain
The Procedural Effects of Cross-Border Electronic Mediation in the European Union
FERNANDO MARTÍN DIZ. Spain
Generals Aspects of the Legal Framework at European Level: Portugal Proposal
CÁTIA MARQUES CEBOLA. Portugal
Mediation: Control of the Guarantees in the Process
M.ª INMACULADA SÁNCHEZ BARRIOS. Spain
SELECTED EXPERTS
Recommendations for the Improvement of Personal Elements in the Process of Electronic Mediation in Cross-Border Civil and Commercial Matters in the EU
ROMINA CANESSA. Italy
Proposal for a Regulation Online Mediation in Cross-border Civil and Commercial Matters in the European Union: Procedural Aspects, Recognition and Enforcement of the Agreement
MARCO CARVALHO GON?ALVES. Portugal
The Confidentiality Intrinsic to Mediation and the Demand for Data Protection
LORENZO COTINO HUESO. Spain
Report on the Feasibility of an Electronic Mediation Platform for the European Union
OSCAR DANIEL FRANCO CONFORTI. Spain
The Effects of the Online Mediation Agreement in Transnational Perspective
GIULIA DI FAZZIO. Italy
The Intended Scope of Application of Electronic Mediation in the European Union
IGNACIO JOSÉ CUBILLO LÓPEZ. Spain
Online Mediation and Collective Redress
GRAHAM ROSS. UK
What is the Next Step for Policy Makers to Facilitating the Development of Online Mediation?
VINCENT TILMAN. Belgium
Mediation and Electronic Mediums: Experiences in Argentina
HILDA ELEONORA VALLET. Spain/Argentina
The Effect of Electronic Mediation Outcomes
AURA ESTHER VILALTA NICUESA. Spain
PART II
E-MEDIATOR: PROPOSALS AND RECOMMENDATIONS
MEMBERS OF THE EMEDEU PROJECT
The Electronic Mediator in the UK
PABLO CORTÉS. UK
E-Mediators in French Law
GAËLLE DEHARO. France
Legal Status of E-Mediators in Spanish Law
MARTA DEL POZO PÉREZ. Spain
The Legal Statute of the Electronic Mediator in Italian Law and Proposal for EU Law
ANDREA GIUSSANI. Italy
Electronic Mediator in Portugal
CÁTIA MARQUES CEBOLA. Portugal
SELECTED EXPERT
Social and Structural Aspects in the Training of Mediators RODRIGO RIVERA MORALES. Spain/Venezuela
