Acesso ao Portal

Home Services › Mediation

Mediation

A collaborative and confidential process in which a neutral mediator facilitates dialogue between the parties, preserving relationships and promoting lasting agreements.

What Is LIACourt Mediation

An Agreement-Centred Approach

LIACourt mediation is a voluntary and confidential process in which an independent and qualified mediator assists parties in conflict to communicate constructively and to find, on their own terms, a solution that satisfies the interests of both sides. Unlike arbitration, the mediator neither decides nor imposes an outcome: their role is that of facilitator, creating conditions for a genuine agreement to emerge.

This mechanism is especially valuable in commercial disputes where the preservation of the relationship between the parties is a priority — such as long-term contracts, strategic partnerships, corporate relationships and international supply chains. Speed, low cost and procedural flexibility make mediation the first choice in many modern business contexts.

LIACourt administers mediations under its 2026 Mediation Rules, developed according to international best practices and aligned with European Directive 2008/52/EC on mediation in civil and commercial matters. Parties benefit from a robust institutional framework without giving up control over the final outcome.

Voluntary and Consensual Process

Neither party is compelled to reach an agreement. Mediation continues as long as both parties wish to participate, ensuring that any solution reached is genuinely accepted by all involved.

Absolute Confidentiality

Everything discussed during mediation sessions is strictly confidential. Statements made during the process may not be used in subsequent arbitral or judicial proceedings, except by express agreement of the parties.

Enforceable Agreement

A ratified mediation agreement may be converted into an enforceable title under applicable law, conferring on it the same binding force as an arbitral award or court decision in signatory jurisdictions.

Mediation in Numbers

85%

Settlement Rate

Percentage of mediations concluding in agreement between the parties

30

Average Days

Average duration of a LIACourt mediation proceeding from start to resolution

60%

Cost Reduction

Average saving compared to an equivalent arbitral proceeding

35+

Certified Mediators

Panel of accredited mediators with experience in international disputes

Main Advantages

Why Choose Mediation?

When the dispute involves ongoing commercial relationships, mediation offers a path to resolution that no court or arbitral panel can provide: the possibility for the parties themselves to shape the final outcome according to their real interests.

01

Speed of Resolution

Most LIACourt mediations are concluded within 30 to 60 days. Procedural simplicity eliminates lengthy timeframes, allowing companies to resume their activities without the delays inherent in traditional adversarial proceedings.

02

Controlled Cost

Compared to arbitration and court proceedings, mediation represents a fraction of the total costs. Administrative fees are transparent and the mediator’s fees are shared between the parties, with no surprises throughout the process.

03

Preservation of Relationships

The collaborative nature of mediation allows commercial partners, shareholders and suppliers to resolve their disputes without the adversariality of contentious proceedings, keeping intact the business relationships built over years.

04

Guaranteed Confidentiality

The entire process is absolutely confidential. Information shared in sessions may not be disclosed externally or used in subsequent proceedings, protecting trade secrets, business strategies and the reputation of the parties involved.

05

Control Over the Outcome

It is the parties themselves who determine the terms of the final agreement, not an arbitrator or judge. This autonomy results in creative and personalised solutions that frequently go beyond what any jurisdictional decision could offer.

06

Procedural Flexibility

The mediation process adapts to the specific needs of the parties: choice of language, holding of sessions in person or by video conference, structure of joint and private meetings, and a timetable adjusted to the participants’ schedules.

Procedure

The Mediation Process Step by Step

The LIACourt mediation process has been designed to be agile and effective. Each stage respects the autonomy of the parties and gives the mediator the tools necessary to facilitate productive, solution-oriented dialogue.

Unless otherwise agreed by the parties, the process is governed by LIACourt’s Mediation Rules, which establish clear timetables and administrative support mechanisms from the first communication to the signing of the agreement.

01

Request for Mediation

The requesting party submits a written request to LIACourt, describing the nature of the dispute and the objectives of the mediation. LIACourt notifies the other party within two business days. Mediation proceeds only with the express consent of both parties, which may be formalised through a prior contractual clause or an ad hoc agreement.

Timeframe: 2 business days for notification

02

Appointment of the Mediator

The parties jointly select a mediator from LIACourt's panel. If no agreement is reached within five business days, LIACourt appoints a mediator, considering the nature of the dispute, the language of the proceedings, availability and the candidate's sectoral experience. The appointed mediator confirms their independence and impartiality by written declaration.

Timeframe: 5 business days for appointment

03

Preparatory Session

The mediator holds a preparatory meeting with each party separately, to understand their positions, underlying interests and expectations regarding the process. At this stage, the timetable of sessions is set, the format of meetings (joint or separate) is agreed, and any additional confidentiality rules the parties wish to establish are defined.

Individual and confidential meetings

04

Mediation Session

The mediator conducts joint sessions and, where necessary, private meetings (caucuses) with each party. Their role is to facilitate communication, identify points of convergence and help the parties explore creative solutions that address the interests of both sides. The number of sessions varies according to the complexity of the dispute and may be held in person or by video conference.

Sessions in person or by video conference

05

Settlement Agreement

Once consensus is reached, the mediator assists the parties in drafting a clear and legally precise written agreement. The document is signed by all parties and may be judicially ratified for enforcement purposes under applicable law. If unsuccessful, the parties are free to resort to arbitration or other dispute resolution mechanisms.

Enforceable title after judicial ratification

Service Formats

Available Mediation Formats

LIACourt offers different mediation formats to address the diversity of international commercial disputes, from simple bilateral disputes to highly complex multi-party conflicts.

Bilateral Mediation

The standard format for disputes between two parties. Includes joint sessions and individual caucuses, with a single mediator appointed to conduct the process from start to finish.

  • One certified mediator
  • Joint sessions and private meetings
  • Average timeframe of 30 days
  • Ideal for bilateral commercial contracts

Expedited Mediation

For less complex or lower-value disputes, the expedited procedure concentrates the entire process in one or two intensive sessions, with resolution in 15 days or less.

  • Process concentrated in 1–2 sessions
  • Resolution within 15 days
  • Simplified and fixed fees
  • Available in person or digital format

Multi-Party Mediation

For disputes involving three or more parties with interdependent interests — such as corporate disputes, consortium or supply chain disputes — with optional co-mediation.

  • Three or more participating parties
  • Co-mediation available
  • Specialised management of cross-cutting interests

The Mediator's Role

Facilitate, Not Decide

The LIACourt mediator is a professional of excellence, rigorously selected and subject to an accreditation process that includes specialised training in commercial mediation, assessment of communication skills and verified experience in international disputes.

The fundamental distinction between the mediator and the arbitrator lies in authority: the mediator has no decision-making power. Their value lies in the ability to create an environment of trust, identify the interests underlying the parties’ positions and propose frameworks that allow deadlocks to be overcome that would otherwise lead to litigation.

LIACourt mediators are subject to regular performance evaluations and are bound by LIACourt’s Code of Conduct for Mediators, guaranteeing the highest standards of professional ethics and impartiality.

What the Mediator Does

  • Creates a safe and structured environment for dialogue between the parties in conflict
  • Facilitates communication and helps the parties understand each other’s interests and needs
  • Holds private meetings (caucuses) to explore options without the pressure of the other party’s presence
  • Identifies points of convergence and proposes frameworks to overcome negotiation deadlocks
  • Assists the parties in drafting the final agreement in a clear and legally consistent manner
  • Maintains strict neutrality, not favouring either party at any point in the process
  • Does not impose, does not give legal advice and does not arbitrate — the decision-making power always belongs to the parties

Frequently Asked Questions

Mediation — Essential Questions

Q.

Can the mediator impose a decision on the parties?

No. This is the fundamental difference between mediation and arbitration. The mediator has no decision-making power whatsoever: their role is exclusively that of a dialogue facilitator. An agreement only exists if both parties freely accept it. The outcome always belongs to the parties.

Q.

Is confidentiality guaranteed throughout the entire process?

Yes. LIACourt's Mediation Rules impose confidentiality on all parties, the mediator and the Secretariat. Information shared in sessions may not be disclosed externally or admitted as evidence in future arbitral or judicial proceedings, except in cases provided for by law.

Q.

How long does a LIACourt mediation proceeding last?

Duration varies with the complexity of the dispute. Under the expedited format, the process can be concluded in 15 days. Under the standard procedure, the average duration is 30 days. Multi-party proceedings of greater complexity may extend to 60 days. In all cases, it is significantly faster than arbitration.

Q.

What happens if no agreement is reached?

If mediation does not result in an agreement, the parties are free to resort to other means — arbitration, courts or new negotiating processes. The absence of an agreement does not prejudice any party's rights. Statements made in mediation may not be used in subsequent proceedings.

Q.

Does the mediation agreement have enforcement force?

The agreement signed by the parties is contractually binding. For it to be enforceable (subject to compulsory enforcement), it may be judicially ratified under Portuguese law and European Directive 2008/52/EC. Some jurisdictions recognise it directly under their own national legislation.

Q.

Is it possible to combine mediation with arbitration?

Yes. LIACourt recommends "med-arb" or "arb-med" tiered clauses in commercial contracts. If mediation does not fully resolve the dispute, the process may transition to arbitration under LIACourt's Arbitration Rules. This combination optimises the benefits of both mechanisms.

Start the Process

Ready to Resolve Your
Dispute?

Submit a mediation request today. Our team will be in touch within 24 hours to guide the next steps of the process.