12 QUESTIONS and ANSWERS:

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Q1: HOW MUCH DOES IT COST TO REQUEST MEDIATION?

A1: Requesting mediation is free of charge. There will only be a cost if the parties decide to initiate the mediation procedure and it will, as a rule, follow the value of the fee schedule . There is also no charge for contacting the other party. If the invited party does not accept, there will be no charge!

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Q2: HOW WILL THE CALL FOR MEDIATION BE MADE?

A2: The invitation can be made by any means of communication, and we will try to schedule a comfortable time in your schedule.

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Q3: IS THERE A LEGAL PROVISION FOR MEDIATION? IS IT SAFE?

A3: Yes, your procedure is provided for in Federal Law. Law 13.140/2015, which gives the procedure security and rules relating to its procedure and the role of the mediation professional.

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Q4: IS THE MEDIATOR IMPARTIAL?
A4: Yes, he has a legal duty to be impartial and is subject to the same reasons for impediment and suspicion that apply to the judge. If you realize you are being biased, you can tell him that or even ask him to end the session.

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Q5: IN MEDIATION CAN SOMEONE DECIDE ANYTHING ABOUT MY CASE?
A5: In mediation all final decisions will only be made if the parties agree with such decision. Nobody can be forced to decide what doesn't suit their interests and needs.

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Q6: DOES THE AGREEMENT ENTERED INTO MEDIATION HAVE LEGAL AND LEGAL VALIDITY?

R6: Yes, article 20 of the Mediation Law (Law 13.140/2015 ) provides for the legal and legal guarantee of the agreement entered into.

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Q7: HOW DOES THE SECRECY OF MEDIATION WORK?

R7: Mediation is confidential and there is a legal guarantee provided for in article 30 of the Mediation Law (Law 13,140/2015 ), and the procedure and information discussed therein are covered by confidentiality. The mediator is prohibited from being a witness to the conflict that has acted as mediator. Confidentiality affects the mediator, parties, agents, lawyers, technical advisors and other people who have directly or indirectly participated in the mediation procedure.

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Q8: I HAVE A PROCESS IN PROGRESS CAN I REQUEST MEDIATION?

A8: Yes, the Mediation Law allows you to apply even with a process in progress.

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Q9: IF I HAVE AGREEMENT, WHAT HAPPENS?

R9: If there is an agreement, a term of agreement will be drawn up, with what was decided by the parties, within the legal provision, and a signed copy will be delivered to each of the parties.

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Q10: IF I DO NOT AGREE, WHAT HAPPENS?

R10: If the parties decide that there is no agreement, a term will be drawn up stating that the procedure took place and that there was no agreement.

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Q11: THE OTHER PARTY IS VERY DIFFICULT, IS THE MEDIATION STILL POSSIBLE?
R11: Mediation is a conflict resolution methodology and as the name implies, it was developed for scenarios where conflicts exist and are present and that's where she lives. It is fully possible, yes.

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P12: I AM HAVING DIFFICULTY SCANNING THE MEDIATION REQUEST,  WHAT TO DO?

A12: No problem, you can send us the file with the text and a readable photo.

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Q13: WHERE DO MEDIATION MEETINGS HAPPEN?

A13: Meetings can be face-to-face or virtual. If in person, they take place in a place previously defined with the parties. We serve in several states and cities, so the meeting will be arranged in the place that is most convenient. With the pandemic mediations are taking place on a virtual platform, we will make the virtual room available. We also serve  cases with parties that are in other countries.

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P14: I HAVE MORE QUESTIONS, HOW TO RESOLVE?

A14: Just contact us through the contact form or by email bertipaglia.mediacao@gmail.com

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There are some questions and many others may arise, if that happens, get in touch with us ! It is your right to know what mediation can and cannot offer before starting the procedure.