Mediation is a method of resolving disputes, in which a trained neutral and impartial person (the mediator) helps the parties responsibly work out the solution for themselves, building the best settlement for everyone involved.
Our firm employs two styles of mediation: facilitative and evaluative mediation.
The main difference between these two approaches is that in facilitative mediation the clients are advised by lawyers whose duty it is to inform them about legal rights and obligations. They should follow the negotiations, not necessarily during mediation sessions, in order to validate what has been arranged and in the end, they are responsible for formalizing the agreement built throughout mediation. On the other hand, in evaluative mediation, the mediator – an expert on the subject – may be asked a verbal opinion as a third neutral evaluator.
In neither case does the mediator hold any decision making power in evaluating evidence and/or documents. The mediator’s duty is to conduct the dialogue procedure, ensuring its efficiency and smooth progress as well as promoting a safe and balanced environment for those involved.
Mediation is a voluntary and absolutely confidential procedure. The content of the conversations is limited to the matters under negotiation. The mediators are protected by the right of attorney-client privilege and for this reason they may not serve as witnesses in any proceedings related to what has been discussed in the context of mediation.
The mediation meetings take place in negotiation sessions, jointly or separately, within the time established by the clients.
The many benefits of mediation include restoring communication among people; reducing emotional, time and financial costs; supervising risks; creating shared benefit solutions, which make the agreements sustainable in time; and avoiding court litigation.
Mediation is regulated by Resolution number 125/2010 of the National Council of Justice (CNJ), by Law number 13.140/2015 (Law of Mediation) which came into effect on December 26, 2015 and by the Brazilian New Code of Civil Procedure (Law number 13.105/2015) which regulates judicial mediation (taking place in the courts) and came into effect on March 18, 2016.