Mediação digital

• Autor(a) principal: Mateus, Cristiane Mara
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/153326
• topic: Mediação online; Sistema ODR; Online Dispute Resolution; ODR; Resolução de disputas online; Experiência s contemporâneas de modelos ODR; Online mediation; ODR system; Contemporary experiences of ODR models; Online Dispute Resolution; Direito

This thesis aims to analyze online mediation as one of the branches of Online Dispute Resolution (ODR). The introduction of technology (also known as the fourth element) in mediation creates a new paradigm that transforms social interaction and communication between the parties. This new paradigm requires a more sophisticated approach from mediators who must develop new skills and a new standard. Throughout this analysis, it is noticeable that technology and its innovative characteristics bring about new possibilities and behavioral changes, both at a collective and individual level. Thus, the correct use of ODR systems facilitates a wide range of social advantages such as the empowerment of the parties, the reduction of physical distances, the reduction of costs while at the same time facilitating and improving access to justice. On the other hand, the implementation of this model gives rise to questions regarding confidentiality, enforceability, digital exclusion, the autonomous use of Artificial Intelligence (AI), among other aspects. The presence of the fourth element in mediation also requires adjustments in the mediator's skills, as it requires digital skills and training that enables to establish, even at a distance, a personal connection between the parties. In addition, a deeper review of the traditional means of conflict resolution by the academic world is necessary and the study of this new branch which, although currently considered unconventional, may soon become the “new normal”. The methodology used in the research is supported by the possibility of using ODR models in mediation. The method used is the deductive one, in addition to bibliographical research and case studies in which the referred system was successfully applied.