Wednesday, 14 March 2018 15:06

Use of mediation in Portugal set to increase - AAA Advogados

Few clients currently resort to mediation in Portugal, but its popularity in other jurisdictions means that it will become a more common method of resolving disputes

Mediation is not yet common in Portugal for cultural reasons, but it will start to become increasingly popular due to it being frequently used at international level, says José Jácome, partner at AAA Advogados in Lisbon.
“Despite being a form of alternative dispute resolution that is followed worldwide, mediation is not really used in Portugal as yet,” he says. “There are practically no mediation procedures and few clients resort to it.”
Given that major international clients are familiar with mediation, it was thought that Portuguese clients would also use it to settle disputes, according to Jácome.
However, this has, so far, not been the case. “Our clients prefer using arbitration and the courts, which isn’t entirely logical because in fact, mediation could be a good solution for many cases.”
The fact there is little demand from Portuguese clients for mediation means the nation’s lawyers do not have much experience of this method of resolving disputes, says Jácome. He
believes the lack of willingness to use mediation as an alternative to litigation is due to cultural traits specific to Portugal. “I think it is a cultural particularity that has something to do with the fact that our country is small and the legal community is small as well,” he explains. “And because we all know each other, there is just not sufficient distance – mediation is very face-to-face.”
However, given that mediation is widely used internationally, Jácome expects this mindset to finally start changing. “For the time being, mediation remains quite new to Portugal, but I definitely think we will start seeing more activity,” he says. “It is certainly starting to be discussed within our legal community, the reason being that if mediation is a good thing for most developed legal communities around the world, then it should work for Portugal as well.”

This website uses cookies

We use cookies to ensure that we give you the best experience on our website. If you continue without changing your settings, we'll assume that you are happy to receive all cookies on the IberianLawyer website. However, you can change your cookie settings at any time. Learn more

I agree

What do I need to know about cookies?

A cookie is a small text file that’s stored on your computer or mobile device when you visit a website. We use them to:

  • Remember your preferences
  • Tailor our sites to your interests.

There are different types of cookies

First party cookies

These are set by the website you’re visiting. And only that website can read them.  In addition, a website might use a separate company to analyse how people are using their site. And this separate company will set their own cookie to do this.

Third party cookies

These are set by someone other than the owner of the website you’re visiting. 

Some IberianLawyer web pages may also contain content from other sites like Vimeo or Flickr, which may set their own cookies. Also, if you Share a link to a IberianLawyer page, the service you share it on (e.g. Facebook) may set a cookie on your browser.

The IberianLawyer has no control over third party cookies.

Advertising cookies

Some websites use advertising networks to show you specially targeted adverts when you visit. These networks may also be able to track your browsing across different sites.

IberianLawyer site do use advertising cookies but they won’t track your browsing outside the IberianLawyer.

Session cookies

These are stored while you’re browsing. They get deleted from your device when you close your browser e.g. Internet Explorer or Safari.

Persistent cookies

These are saved on your computer. So they don’t get deleted when you close your browser.

We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.

Other tracking technologies

Some sites use things like web beacons, clear GIFs, page tags and web bugs to understand how people are using them and target advertising at people.

They usually take the form of a small, transparent image, which is embedded in a web page or email. They work with cookies and capture data like your IP address, when you viewed the page or email, what device you were using and where you were.

How does the Iberian Lawyer use cookies?

We use different types of cookies for different things, such as:

  • Analysing how you use the IberianLawyer
  • Giving you a better, more personalised experience
  • Recognising when you’ve signed in

Strictly Necessary cookies

These cookies let you use all the different parts of Iberian Lawyer. Without them services that you have asked for cannot be provided.

Some examples of how we use these cookies are:

  • Signing into the IberianLawyer
  • Remembering previous actions such as text entered into a registration form when navigating back to a page in the same session
  • Remembering security settings which restrict access to certain content.

Performance cookies

These help us understand how people are using the IberianLawyer online, so we can make it better. And they let us try out different ideas.
We sometimes get other companies to analyse how people are using the IberianLawyer online. These companies may set their own performance cookies You can opt out of these cookies here.Some examples of how we use these cookies are:

  • To collect information about which web pages visitors go to most often so we can improve the online experience
  • Error management to make sure that the website is working properly
  • Testing designs to help improve the look and feel of the website.
Cookie nameWhat it's for
Google DoubleClick The IberianLawyer uses Google DoubleClick to measure the effectiveness of its online marketing campaigns.Opt-out of DoubleClick cookies
Google Analytics From time to time some IberianLawyer online services, including mobile apps, use Google Analytics. This is a web analytics service provided by Google, Inc. Google Analytics sets a cookie in order to evaluate use of those services and compile a report for us.Opt-out of Google Analytics cookies