Electronic Mediation and E-Mediator Proposal for the European Union

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