Mediation in Portugal

Quick Facts

• Legal Framework: Mediation in Portugal is governed by the Code of Civil Procedure and the Mediation Act of 2012. The Act defines mediation as a voluntary and confidential process for resolving disputes. Portugal has a...
• Cultural Approach: Portuguese mediation culture emphasises relationship preservation and consensus. There is growing acceptance of mediation as an alternative to litigation. The approach tends to be informal and facilit...
• Typical Costs: Commercial mediation in Portugal typically costs EUR €200-400 per hour or daily rates of EUR €1,500-3,000. Family mediation typically costs EUR €150-300 per hour. Court-annexed mediation may be subsid...

Mediation Research

Legal Framework

Mediation in Portugal is governed by the Code of Civil Procedure and the Mediation Act of 2012. The Act defines mediation as a voluntary and confidential process for resolving disputes. Portugal has a well-developed court-annexed mediation system. The Code of Civil Procedure contains provisions for court-annexed mediation. Family mediation is regulated by specific provisions in the Family Code. The Act provides a legal framework for mediation, including confidentiality provisions and the enforceability of mediation agreements.

Court System

Portuguese courts actively encourage mediation before proceeding to trial. Courts may refer parties to mediation and can adjourn proceedings to allow mediation to occur. Court-annexed mediation is available throughout Portugal. The judiciary has implemented mediation programs in many courts, particularly in family courts. Judges may suggest mediation at any stage of proceedings. Courts may consider costs orders where parties unreasonably refuse to mediate. The court system works closely with professional mediators and mediation organizations.

Mediator Regulations

Mediators in Portugal are not required to be lawyers, but many are. The Ministry of Justice provides certification for mediators. To become a certified mediator, one must complete training programs approved by the Ministry. The training includes theoretical and practical components, typically 40+ hours. Certified mediators must complete continuing education requirements. There are several professional associations for mediators in Portugal, including the Portuguese Mediation Association (Associação Portuguesa de Mediação). Mediators must adhere to ethical codes of conduct.

Cultural Approach

Portuguese mediation culture emphasises relationship preservation and consensus. There is growing acceptance of mediation as an alternative to litigation. The approach tends to be informal and facilitative. Portuguese mediators often take a neutral role in helping parties reach agreements. The cultural context values harmony and preserving relationships. Family mediation is particularly well-developed. Commercial mediation is gaining acceptance in business circles.

Typical Costs

Commercial mediation in Portugal typically costs EUR €200-400 per hour or daily rates of EUR €1,500-3,000. Family mediation typically costs EUR €150-300 per hour. Court-annexed mediation may be subsidised or available at reduced rates. Small claims mediation may be free or low-cost. Costs are typically shared between parties unless otherwise agreed. Legal Aid (proteção jurídica) may be available for family mediation in eligible cases. Mediation costs are generally tax-deductible for businesses. The cost savings compared to litigation are significant.

States and Regions