Mediation hearings held remotely – Resolution 121/2020

Javier CanosaPartner, Canosa Abogados

On April 23, 2020, Resolution 121/2020 (the “Resolution”) of the Ministry of Justice and Human Rights was published in the Official Gazette. The resolution authorizes holding mediation hearings remotely during the validity of the movement and social distancing restrictions issued due to the public health emergency following the pandemic caused by Covid-19.

Prejudicial mediators may conduct hearings by electronic means, by videoconference or other similar means of transmission of voice or image, provided that the identity of the parties involved and respect for the principles that govern the mediation procedure according to Law No. 26.589 are guaranteed. 

The mediator shall summon the parties and their attorneys, who must prove their identities..

The mediator must have registered an email before the National Directorate of Mediation and Participatory Conflict Resolution Methods so that the parties and their attorneys, prior to the first hearing, send data such as telephone number, ID number, signature and documents that prove their legal status; in this way, they will also declare their emails in which all subsequent communications will be valid.

The agreements reached in this way will prodice the same effects as those entered into at hearings held in person.

In order to sign the agreement or close the mediation phase, in case it cannot be carried out digitally in accordance with the provisions of section 288 of the National Civil and Commercial Code and Law No. 25,506, exceptionally the mediator and the parties will be included within the exceptions provided in section 2, inc. b) of the Administrative Decision No. 446/2020 and its amendments and therefore will be allowed to circulate

The minutes must continue to be registered under the MEPRE system (System of Prejudicial Mediations) and contain the wording “Performed remotely”.

The MEPRE system allows to upload, register and inform the Ministry of Justice the mediation documents or agreements online, which is mandatory according to Section 25 of Decree No. 1467/2011 and ministerial resolution No. 1196/13.