(1) There is conceptual confusion between different online dispute resolution mechanisms like ADR, ODR, e-mediation, and blind negotiation. Specifically, e-mediation and blind negotiation are distinct concepts but this is not always clear in common law or Spanish law.
(2) A recent Royal Decree in Spain implementing aspects of mediation law highlights this problem as it refers to a "simplified electronic mediation process" but this actually resembles online negotiation more than true mediation.
(3) While some experts have warned of these conceptual differences, the risks of confusion, and the need for regulation, the Spanish legislature does not seem to have addressed these issues adequately.