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Alternative Dispute Resolution

List of private mediators

Pursuant to article 9, paragraph 1, subparagraph e) of the Law on Mediation, Law 29/2013, April 19, the Directorate-General for Justice Policy (briefly referred to as DGPJ), shall organize a list of mediators able to conduct mediations in Portugal. 

 

Law 29/2013, April 19, sets forth the applicable principles to all mediations due to take place in the Portuguese territory, regardless of the entity who conducts the mediation or the subject matter of the said mediation.

Amongst the various principles that shall frame any mediation procedure, the principle of enforceability, foreseen in article 9, stands out as it states the general criteria for a mediation agreement to be enforceable.

One of those requirements (subparagraph e)) is the participation of a conflict mediator from the list of private mediators managed by the DGPJ.

 

What are the advantages for enrolling in the list of private mediators managed by the DGPJ?

The mediation agreement in which a conflict mediator enrolled in the list of private mediators managed by the DGPJ (once the other requirements foreseen in subparagraphs a) to d) of the said article are fulfilled) has participate, is enforceable and thus does not require a prior formal judicial decision.

Advertising the capacity of mediator qualified by a course taught by an entity certified by the Ministry of Justice.

 

Procedure for the enrolment in the list of private mediators managed by the DGPJ:

Any conflict mediator may request enrolment in the list of private mediators to the Director-General of Justice Policy, provided that the following requirements are fulfilled:

a) Enjoys full civil and political rights;

b) Has attended and obtained approval in a mediation training course taught by an organisation certified by the Ministry of Justice;

c) Has a good command of the Portuguese language.

The following documents shall be attached to the request:

  1. Identification data of the conflict mediator including the identifying civil number;
  2. Professional data: name, name, address, telephone number and email address;
  3. Tax identification number;
  4. Copy of the certificate of the course in conflict mediation and
  5. A statement where the conflict mediator declares on oath to have full civil and political rights and to respect the statute of conflict mediators foreseen in the Law 29/2013, April 19, when developing his/her professions.