Electronic mediatión and e-mediator: proposal for the european union.

Bujosa Vadell, Lorenzo M.

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Electronic mediatión 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.