CONFLICT MEDIATION
GUILHERME BERTIPAGLIA
"Mediating is helping people to resolve their disputes with less strain, more speed and high quality."
Guilherme Bertipaglia has been working for years as a professional mediator in judicial and extrajudicial conflicts in Brazil abroad. The mediation procedure is provided for in Federal Law 13,140/2015 , has legal validity and legal certainty.
Mediation can be used with the conflict already in place or when you notice the possibility of it being installed, it can be before the filing of a lawsuit or with the action already in progress.
It is known that conflicts always generate high costs that can be directly connected to the conflict (such as, for example, process costs, maintenance of assets, impacts on personal or institutional image, emotional costs, business losses, blocking of assets, deterioration of assets and assets, among others) or indirectly connected to conflicts (such as, for example, reduction in the company's appraised value, business stalemate, reduced income, increased expenses, decreased equity value, impacts on business opportunities lost due to the conflict, among others). The practice of mediation proves the drastic reduction of these costs.
The mediation professional (mediator) is impartial and has the role of helping and encouraging those involved to develop a solution they deem appropriate for the case.
The mediator must act seeking consensus and facilitating the resolution of the conflict.
In mediation, the decision-making power belongs to the parties, that is, in mediation, the parties will only define what meets their needs and interests. The parties cannot be induced or forced to make or enter into an agreement that they do not want.
The mediation procedure is confidential and confidential pursuant to article 30 of Law 13.140/2015 . The mediator may not act as an arbitrator or act as a witness in judicial or arbitration proceedings relating to disputes that he or she has acted as a mediator.
The mediation term has legal value under the terms of article 20 of Law 13,140/2015 .
The parties will only remain in the mediation procedure if they so wish.
The same legal reasons for impediment and suspicion as the judge apply to the mediator.
Mediation can take place in person or virtual if the parties prefer.
Mediation is carried out through meetings that can be joint or individual.
Guilherme Bertipaglia acts as a mediator in extrajudicial cases and in judicial cases, those that already have a process in progress, that is, it is possible to request mediation both for a conflict that does not yet have a judicial process as well as for a case that already has a process in progress, which is permitted and encouraged by Brazilian law.
Areas of expertise of the Professional Conflict Mediator, Guilherme Bertipaglia :
- Extrajudicial cases and court cases.
- Family conflicts and family law.
- Dispute between partners.
- Judicial inventories.
- Conflicts in law firms.
- Business conflicts.
- Conflicts in construction.
- Conflicts in civil law and contracts
- Family businesses.
- Conflicts in agribusiness.
- Condominium conflicts .
- Real estate disputes
- Conflicts involving the elderly and palliative care.
- Conflicts involving mining and connected to mining law.
- Mediation and conducting of meetings.
Conflict Mediation
extrajudicial mediation
Mediator Guilherme Bertipaglia
Photo by Abimael Henrique