MEDIATION PROCEDURE

Provided for in Law 13.140/2015, mediation must follow the principles established in Article 2 of the aforementioned Law.

Are they:

I - impartiality of the mediator;

II - isonomy between the parties;

III - orality;

IV - informality;

V - autonomy of will of the parties;

VI - search for consensus;

VII - confidentiality;

VIII - good faith.

1. The invitation can be made by any means of communication;

2. Once the invitation has been made and accepted by the parties, the first meeting between the mediator and the parties will be scheduled, which may be in person or online;

3. Once the invitation has been made and not accepted or not answered within 05 (five) business days, it will be considered as refused;

4. The refusal of the invited party will be informed to the applicant by physical or virtual means, preferably by email;

5. The Mediator must clarify the procedure, techniques, legal basis for mediation, align expectations between all participants and clarify doubts of the parties and their lawyers;

6. Once the clarifications have been made and agreeing with the procedure, the parties will sign the mediation contract and the term of commencement of mediation;

7. At the beginning of the mediation, the mediator must alert the parties about the principles provided for in Law 13,140/2015;

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

9. If there is no agreement, a term will be drawn up with the information that the mediation was terminated without agreement, without further information in compliance with confidentiality, as provided for in article 30 of the Mediation Law, which will also be delivered an original copy for each of the parties;

10. The conflict involving unavailable but transferable rights must be submitted for approval in court, as determined in article 3, §2 of the Mediation Law;

11. In the parties agreeing, mediation may be done online, in an appropriate manner and that allows for good dialogue between all involved;

12. The mediator's fees will be divided equally between the parties in the proportion of 50% for each, unless otherwise agreed, and one of the parties may voluntarily be willing to pay in full for the procedure..

13. If the parties opt for comediation, the fees in the table above must be paid to each mediator who acts in the case in proportion to the hours they act.

14. There will be no expenses for the mediator's fees at the first mediation meeting in which the procedure will be presented, the work model detailed and the expectations aligned to understand and clarify doubts related to the procedure.