COOPERATIVE MEDIATION AND ARBITRATION IN THE PORTUGUESE LEGAL SYSTEM: FIRST THOUGHTS

Abstract

The resolution of cooperative disputes may also take place through extrajudicial methods of dispute resolution, such as mediation and arbitration, benefiting of some of the advantages that these present when compared to state jurisdiction. However, cooperative mediation or arbitration have received little to no attention from Portuguese legal scholars. The aim of this paper is precisely to begin a reflection on these matters. For this purpose, this paper begins to affirm the greater alignment of mediation and arbitration with the cooperative principles and values and then proceeds to outline the legal framework of the regimes of cooperative mediation and arbitration in the Portuguese legal system.