EL ACTUAL MARCO NORMATIVO DE LA MEDIACIÓN ELECTRÓNICA.

Abstract

Electronic mediation began in the USA in 1995, and electronic mediation systems have developed by leaps and bounds in that country ever since. It seems inadvisable for Europe to waste its opportunity to bring new technologies into out-of court conflict resolution procedures, too. In this sense, Directive 2008/52/EC expressly declares, «This Directive should not in any way prevent the use of modern communication technologies in the mediation process». For its part, the Spanish Act on Mediation in Civil and Commercial Affairs has offered major legislative backing for electronic mediation. In the autonomous communities of Spain, the situation is quite different. This paper reviews the different European, national and regional laws on electronic mediation and offers a proposal for integrating and improving them.