appellate system, which, despite being well-established, is slow due to the vast number of ongoing legal cases. Additionally, parties should consider associated costs, such as the monetary correction of the debt and the accrual of default interest. It is worth mentioning that the party may request in advance to produce evidence, so as to analyze the convenience of an agreement or to evaluate the chances of success of a lawsuit. It may also request preliminary injunctions (precautionary or anticipatory on the merits), which may be utilized to achieve an advantage for reaching an agreement. What is the judicial attitude towards mediation in Brazil? In the current Brazilian legal system, the judiciary holds a favorable attitude towards mediation. This is reflected in the legal framework that encourages the use of alternative dispute resolution methods to alleviate the burden on the courts and expedite the resolution process. The 2015 Brazilian Civil Procedure Code, for instance, underscores the importance of mediation and conciliation as primary tools in dispute resolution. Courts often promote these methods early in the litigation process, recognizing their effectiveness in fostering amicable settlements and reducing judicial backlog. This judicial endorsement is aligned with broader national policies aiming to enhance legal efficiency and access to justice. What is the process of mediation in Brazil? In Brazil, the mediation process is structured to provide an efficient and effective alternative to traditional litigation. The process typically unfolds as follows: a. Initiation: Mediation can be initiated voluntarily by the parties or suggested by a judge during ongoing litigation. Parties agree to mediate and select a mediator, either from a list provided by the court or an independent professional meeting the qualifications set by the Brazilian National Council of Justice. b. First Meeting: The mediator organizes a first meeting with all parties involved to explain the rules and principles of mediation, such as confidentiality, neutrality, and voluntariness. This meeting sets the stage for open communication and collaboration. c. Exploration: During subsequent sessions, the mediator facilitates discussions to allow each party to express their interests, concerns, and positions. The mediator helps clarify the issues and encourages the parties to explore potential solutions. This phase is crucial for understanding the underlying needs and objectives of each party. d. Negotiation: As parties better understand each other’s positions, they move towards negotiating a settlement. The mediator assists in brainstorming and evaluating possible outcomes, guiding the parties towards a mutually acceptable solution. e. Agreement: If the parties reach an agreement, the mediator helps draft the settlement terms, which are then reviewed and signed by the parties. This agreement can be made enforceable by a court order if necessary. f. Closure: If mediation concludes without an agreement, the parties may proceed with litigation or explore other forms of alternative dispute resolution (e.g. arbitration). How are mediators chosen and what is the role of the mediator? In the Brazilian legal system, according to Federal Law 13.140/2015 mediators are typically chosen either by agreement between the parties involved or appointed by the court if mutual agreement cannot be reached. The selection process is facilitated by the presence of registered mediators who meet specific qualifications as outlined by the National Council of Justice, which ensures that they have undergone appropriate training and adhere to a set of professional standards. The role of the mediator in Brazil is to act as a neutral facilitator in the dispute resolution process. Their primary function is to assist the parties in understanding the issues at hand, exploring potential solutions, and negotiating a mutually acceptable agreement. The mediator’s objective is to guide the communication process in a way that promotes understanding, addresses interests and needs, and moves the parties towards a voluntary and informed resolution of their conflict. WWW.LAWYER-MONTHLY.COM 29 My commitment is to deliver strategic insight in every legal challenge, ensuring our clients receive the highest caliber of legal representation.
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