TERMS AND CONDITIONS OF USE – LEONM
1) PROCEDURAL RULES
This Regulation provides for procedural rules to be mandatorily observed by all mediators, lawyers, and parties during mediation procedures to be carried out through the Legal Online Mediation Platform (LEONM).
For the purposes of this term, the party requesting the mediation procedure will be called “requesting” and the other party, invited to participate in the mediation session, will be referred to as “requested”.
1.1) What is Mediation
Mediation is a consensual form of conflict resolution in which an impartial third party, called mediator, seeks to facilitate communication between the parties by assisting them in the search for a solution built by them.
1.2) The Role of the Lawyer in Mediation
The lawyer plays an important role in mediation. It is he who can assist the client in choosing the best form of conflict resolution for each specific case. It is up to the lawyer to indicate mediation to the client when he deems it appropriate, explain the procedure and indicate the Mediation Chambers that he trusts.
It is also up to the lawyer to provide the legal guidance during the Mediation procedure, since the mediators are forbidden to provide legal clarifications to the parties. The professional, however, should allow the parties to communicate without their intervention or interference, only being able to intervene when requested by their client or by the Mediator.
At the end of the mediation, if there is an agreement, it is up to the lawyer to validate its terms and possibly seek approval by a notary or court according to the will of the parties.
2) PRINCIPLES OF MEDIATION
Principles of mediation are considered for the purpose of this term:
a) autonomy of the will of the parties;
f) isonomy between the parties;
g) good faith;
i) stimulate self-composition/search for consensus;
3.1) Mediation may involve conflicts relating to available or unavailable rights, as long as they are subject to transaction.
The steps will develop as follows:
3.2.1) Any legal or natural person, legally competent, may request mediation.
3.2.2) The mediation request must be made through registration on the website or e-mail of the LEONM Platform, which will analyze the case presented free of charge to verify if it is subject to Mediation.
3.3) The analysis of the specific case and collection of the Registration Fee, Mediation Fee and Mediator’s Hours Plan
3.3.1) After analyzing the case and accepting by LEONM, the Coordination will contact the requesting company or its legal representatives to make the payment of the Registration Fee.
188.8.131.52) Registration Fee will be charged for the purpose of defraying the requested party’s notification via notice of receipt, by electronic mail or by other means of communication that have legal validity and also for blocking the dates requested by the applicant in the platform’s schedule.
184.108.40.206) The Registration Fee is not refundable, even if the requested party does not adhere to the mediation procedure and will only be due if the requesting party has its procedure approved by the coordination of LEONM
220.127.116.11) The notification made to the requested party is considered rejected if it is not and answered within 10 (ten) working days from the date of receipt of the notification by the requested party. In this case, LEONM will write and send to the requesting party the “Term of Mediation Attempt”, proving the interest in self-composition by the mediation procedure and will configure the end of the attempt.
3.4) STEPS PRIOR TO THE MEDIATION SESSION: Mediation Fee, Mediator’s Hours Plan and Agreement to Mediate
3.4.1). The scheduling of the session shall only take place after the express acceptance of the mediation procedure and election of one of the dates by the requested party, with the subsequent signing of the Pre-Mediation Contract by the parties and the collection of the Mediation Fee and Fees of the elected Mediator.
18.104.22.168) In the event of a fruitless agreement there will be no refund of any Fee.
3.4.2) If both parties agree to carry out the procedure, the Platform will make available the Agreement to Mediate, which includes an explanation of the Mediation procedures and applicable rules, as well as a confidentiality clause to be digitally signed by both.22.214.171.124) The parties express that they are aware that the scheduling of the date and the time interval designated in the agenda for the session, are equivalent to the choice of the mediator’s hours plan.
3.4.3) After signing the Agreement to Mediate, LEONM will match* the case presented with the mediators best prepared to mediate the chosen case, according to their skills, abilities and experience.
*Match: crossing of the case information with the data of the mediators registered on the platform through machine learning.
3.4.4) If there are more than two parties involved in the case, and if there is disagreement between one or more parties, an analysis will be carried out to verify the feasibility/usefulness of initiating the procedure only with the interested parties. If the analysis is positive, the Pre-Mediation Contract will be sent to interested parties to be signed and the mediation procedure will continue.
4) MEDIATOR’S CHOICE
4.1) The mediator is an expert in certain negotiation and communication techniques. It acts as an impartial third party and is usually appointed by the parties involved in the agreement, whose role is not to propose solutions, but to mediate and facilitate dialogue between the parties.
4.2) The Mediator acts as a liberal professional and is subject to all penalties of the Mediation Law applied in his country, being able to respond civilly and criminally for his acts.
4.3) The acts of a Mediator during a Mediation session may be treated as that of a Public Administration agent.
4.4) The Mediator freely registers/associates in Mediation Chambers and Platforms such as LEONM and does not maintain any employment ties with LEONM.
4.4.1) The Mediator is a service provider that is requested according to the choice of the parties and profile of the cases presented to be solved through these Private Companies.
4.5) The professional’s choice, if the parties do not want to elect common mediator or co-mediator, will be assigned to LEONM to avoid situations of impediment, suspicion, favoritism or partiality.
4.6) If, in the course of the procedure, the mediator, or the Co-Mediator (if any) becomes prevented or unable to continue in the mediation, a new Mediator will be chosen according to the criteria initially defined by the parties.
4.7) LEONM is not responsible for the acts of the Mediator, who is a registered service provider and has no employment relationship with the LEONM . The mediator will be responsible for his own acts,under the law in force in his country, through the parties or third parties.
5) MEDIATION PROCEDURE
5.1) After the Pre-Mediation procedure, observing the requirements contained in item 3.4.1, for the start of the online mediation, LEONM will inform via email to all those involved, the date and final hours agreed by the parties.
5.2) The meetings will take place in an online environment, using a LEONM proprietary videoconference solution, preferably together with the parties and / or their lawyer (s) if constituted.
5.3) If there is a need and agreement of the parties, during the session, the mediators may meet separately with each of them, respecting the equality of time for the individual manifestation of the parties (caucus).
5.3.1) Everything that is said by the parties in separate meetings (caucus) can only be revealed to the other with the express consent of each.
5.4) When mediation occurs after a judicial or arbitral proceeding is initiated, mediators may suggest to the parties and / or their attorney (s) that they request the suspension of the judicial or arbitration proceeding during the period in which mediation is taking place .
5.4.1) If required by the parties, in order to promote the suspension of ongoing proceedings, LEONM will provide an informative term to be filed with the interested institutions that will declare the existence of a Mediation procedure.
5.5) The information provided during mediation session is confidential and regulated by the confidentiality clause of the Pre-Mediation Agreement, and the mediators, parties, their lawyers or any other involved in mediation may not disclose them unless by express determination of the parties or by legal duty.
5.6) The meetings will have a duration to be defined by the parties when purchasing the Mediator’s previous hours package, according to item 126.96.36.199
5.7) Mediation sessions will only take place through a videoconferencing system made available on the LEONM platform with encryption and in compliance with the rule of the General Data Protection Regulation Europe (GDPR EEU) and other international laws that regulate the scope of data privacy.
5.8) During mediation sessions, the mediator(s) will be physically in private places where they do not suffer the intervention of third parties during the entire time of the procedure and the parties may be in different locations, if it is private, free of interruptions and keeps them physically separated from the other.
5.9) LEONM shall recommend to the parties the minimum technical specificities necessary for the session by videoconference to have quality communication between all.
5.10) It is the exclusive responsibility of the parties to comply with these minimum technical requirements in their place of origin to ensure the quality and confidentiality of communication.
5.11) The mediator(s) will ensure that all the principles of mediation are respected.
6.1) Fixed costs – Registration Fee and Mediation Fee – The costs will follow the steps of items 3.3 and 3.4 and will be stipulated according to the value of the cause in demand through the Cost Simulator available on the LEONM platform during the Pre-Mediation phase, as a commitment to transparency.
6.2) Variable cost – Mediator’s Hours Package – will follow the provisions of item 188.8.131.52.
6.3) According to legal determination, the costs should preferably be apportioned between the parties, however, for purposes of procedural promptness, it will be up to the requesting to collect all the fees (Registration Fee + Mediation Fee + Mediator’s Hours Package) beforehand so that the procedure can originate, and may request, if so desired, the reimbursement of half of these expenses to the requested part in the signing of the minute of the mediation session, whether or not there is agreement between the parties.
7.1) If there is agreement between the parties, if there is any legal doubt, if they are not yet advised by their lawyers, they will be advised by the mediator(s) to seek legal advice, and the session is overdue until the parties reschedule a new date.
7.2) With no doubts about the agreement, the parties have legitimacy for self-composition.
7.3) After the parties, if they deem it necessary, consult their lawyers, the agreement shall be formalized in writing, at which time the parties will sign all the copies electronically, with a copy for each party and one filed on the LEONM Platform for a period of 3 to 5 (three to five) years, in accordance with the applicable country legislation.
7.4) The agreement concluded between the parties shall be valid for an out-of-court enforcement order. The parties may request their lawyers, in the event of arbitration proceedings or ongoing judicial proceedings, to request the approval of the agreement to grant validity of a judicial enforcement order.
7.5) The agreement may be: (i) total or partial; (ii) definitive or provisional.
7.5.1) Total: fully solves the demand.
7.5.2) partial: resolves some points of the demand presented and brings the possibility of resolving the others in a new session.
7.5.3) definitive: the matter is resolved and there are no issues to be rediscussed later.
7.5.4) provisional: the matter is resolved and there are issues that can be rediscussed later if it is the will of either party.
7.6) In the case of a provisional agreement, the parties and mediators shall decide on its validity and schedule in advance a date for return, assessment of the situation and possibility of signing a definitive agreement.
8.1) Mediation may end:
8.1.1.) by signing an Agreement between the parties.
8.1.2) by decision of the mediator(s) in cases where the session becomes unsustainable or requires resignation.
8.1.3) by decision of one of the parties.
8.1.4) by decision of all parties.
8.2) LEONM shall not be liable for the effects of the agreement between the parties or its non-compliance. In case of violation of the rules of the Pre-Mediation Agreement infixed with the platform, the violator will be subject to the fines and penalties provided in the term. (see Contract Pre-Mediation).
9) FINAL PROVISIONS
9.1) All communication between the Platform and the parties and/or their lawyers shall be done transparently and preferably by electronic means.
9.2) LEONM shall have no responsibility for the custody or filing of any documents produced or brought by the parties and/or their lawyers during the mediation procedure.
9.3) The Mediation Institute is based on the Informality of the evidence, therefore, no document provided by the parties during the procedure, other than the legal ones previously required, should be analyzed by the Mediator, or stored on the LEONM Platform. The Mediation professional may only analyze any document submitted by the parties if it is intended to help them reach a joint decision for the composition of an amicable agreement between them. The Mediator may not be forced to review any documents.
9.4) Since the sessions are held by remote communication, it is the exclusive responsibility of the parties to ensure the confidentiality of the communication, and LEONM cannot be held responsible for any failure or damage arising from the conduct of the parties.
9.5) LEONM and the mediator(s) shall have no responsibility for the terms of any agreement between the parties and/or their lawyers in mediation, nor for any non-compliance with the mediation, as it results from the parties’ will.
9.6) It shall be up to the parties, together with the mediator(s) and the LEONM Platform, to decide on any gaps not covered by the relevant legislation, by this Regulation, by the Institute’s Code of Ethics or by the Agreement to Mediate signed between all those involved.
9.7) This Internal Regulation enter into force on the date of its publication (@/05/2021) on the LEONM Platform- Legal Mediation Online website.
LEONM – Legal Online Mediation is managed by LEONM ÖU. The responsible person (controller) is Fernanda Borges, Head of Unit.
LEONM Contact Address:
License Number: 14833131
Address: Lasnamäe 4B-26, 11412, Tallinn, Estonia