Order in Council N. 203/2011
Order in Council N. 203/2011
of 20th of May
Article 1
Subject
The present Order in Council defines which systems of pre-judicial (or pre-court) mediation whose utilization suspends the terms of forfeiture and the limitation of rights and proceeds to the regulation of their regimen and the systems of judicial mediation that suspend the judicial proceedings.
Article 2
Mediation systems
For the purposes of the disposed in the Articles 249-A, 249-B, 249-C and 279 of the Code of Civil Procedure, are mediation systems:
a) The public systems of mediation already existing or to create; and
b) The mediation services of another Member State, since that the respective activity is legally recognized in the legal system where they are inserted.
Article 3
Suspension of the terms
1 – The terms of forfeiture and of prescription suspends themselves from the moment in that will go performed a request of mediation.
2 – The course of the term will be retaking with the conclusion of the mediation process in accordance with the legally foreseen terms.
3 – For the effects foreseen in the preceding paragraphs, will be considered the moment of the practice of the act that initiates or concludes the process of mediation.
Article 4
Confirmatory of the resource to the mediation
For the effects foreseen in the preceding article, it can be emitted, whenever requested, confirmatory of the suspension of the terms, of which appears obligatorily the following elements:
a) identification of the petitioner and the counterpart;
b) Identification of the object of the mediation;
c) date of the register of the request for mediation;
d) way of the conclusion of the process;
e) date of the conclusion of the process.
Article 5
Agreement in the judicial mediation
The remittance of the agreement to the court referred to in paragraph 5 of Article 279-A of the Code of Civil Procedure is accomplished by the parties.
Article 6º
Enforcement
The present Order in Council enters in to force in the day following of its publication.
The Minister of Justice, Alberto de Sousa Martins, in 18th of May of 2011.
