Mandatory Prejudicial Mediation Proceeding Now Amended

Decree 696/2025, published in the Official Gazette on September 30, 2025, amended Decree 1467/2011 of the former Ministry of Justice, Security, and Human Rights—which regulates Law 26589 of Mediation and Conciliation—and replaced its Annex I. The new Decree aims to achieve greater efficiency, transparency and accessibility in the mandatory prejudicial mediation proceeding by using digital tools.

To that end, the Decree creates an Online Management System for Prejudicial Mediation Proceedings. This system must be implemented by the Ministry of Justice within 180 calendar days from the enactment of the Decree. This period may be extended only once, for 90 consecutive days.

The main amendments related to the digitalization of the mediation process include:

• Hearings must be conducted through digital means, provided that the identity of the parties and the principles governing the mediation procedure are duly safeguarded. Alternatively, considering the specific circumstances of the case, and upon the parties’ request, they may be held face-to-face at the mediator’s office. The mediator is also authorized to modify the modality of the hearings, if it is a reasonable decision and the parties involved have been notified.
• Access to the virtual hearing platform will be restricted, limited to the parties involved only.
• Participants may not record or transcribe hearings. They may also not share communications exchanged between them and the mediator (unless expressly waived).
• Parties and their attorneys may be held liable for any damages caused by the breach of the duty of confidentiality.
• The initiation fee will be paid through electronic means.
• Case documents will be submitted to the mediator’s electronic address registered before the Argentine Mediation Secretariat. They may be sent to the mediator’s office, but only subsidiarily.
• Representation by power of attorney will be prohibited when hearings are conducted digitally, except when hearings are held in person at a location that is over 150 km away from the party’s residence. In such cases, the representative must be duly authorized in the online system. This ruling does not apply to companies.
• Justifications for failure to attend a hearing must be submitted electronically through the online system.
• The agreement and hearing minutes must be recorded in the online system.
• Parties must electronically sign all minutes, and the mediator must digitally sign them. Minutes will become certified upon signature and registration in the online system.

Regarding the notification regime, Decree 696/2025 provides that the initial notification of the proceeding will be considered valid if sent to the requested party’s electronic tax domicile registered before the Argentine Tax Authority. However, if the requested party does not have a registered electronic tax domicile, notification must be served to a physical address through reliable means. Such notifications must include, among other information, the videoconference identifiers and the platform to be used.

The parties’ email addresses that they use to submit the information and documentation required under Decree 696/2025, article 8 before the first hearing will be deemed as the established electronic domiciles. All notifications related to the proceedings will be considered valid if sent to them. Notifications abroad must be carried out by postal or consular channels, and parties may request judicial intervention to apply the relevant convention or international instrument (letters rogatory).
 

Additional amendments include:

1. parties may establish legal representation at least two hours before the first hearing,
2. claimants may withdraw the proceeding without stating reasons before the first hearing is held,
3. mediators will have the authority to terminate the procedure ex officio if the dispute is exempted from mediation, among others.
    

Finally, the Decree establishes that, until the online system is implemented, current systems will remain valid. For 365 calendar days after the online system is implemented, initial notifications to natural persons named as the requested party can be served either electronically to the electronic tax domicile or physically to the address the requesting party provides.

This Decree entered into force on October 1, 2025.