MEDIATION

Mediation

The mechanism of mediation has been increasingly sought both in Brazil and abroad for enabling the resolution of controversies through solutions built by the parties involved, whether individuals or companies. As well as arbitration, it is a means that constitute alternatives to the judicial system, providing faster procedures and praising the maintenance of the relationship between the parties.

Mediation allows the parties to assist in obtaining agreements. It is a more friendly mechanism, which uses the services of a mediator who has no interest in the demand object and is suitably qualified for the role.

In addition, mediation by CAM-CCBC is confidential, and the disclosure of any information without the prior mutual authorization of the parties is prohibited. This is a fundamental advantage in the corporate context in which companies can not be exposed in order to preserve their business relationships.

The institutional mediation administered by CAM-CCBC uses the non-adversarial method, whereby any party can seek the amicable resolution of conflicts related to the interpretation or execution of a particular contract, in accordance with the CAM- CCBC. Any specific rules that are not foreseen should be adjusted jointly by the parties and the mediator. This can be chosen by mutual agreement between the parties within the CAM-CCBC professional list, which has professionals with renowned experience in the national and international mediation scenario.

In Brazil, the rules governing the use of the mechanism were systematized in the Mediation Law (Law 13.140 / 2015), which established the role of the mediator and the general characteristics of the procedure. The document was fundamental to create a new paradigm, oriented to the autonomy of the physical and legal people in the solution of their conflicts.

In choosing CAM-CCBC as responsible for the administrative support of the mediation procedure, the parties will have guaranteed the smooth progress of the procedure in all its phases, in order to facilitate the construction of a solution to the conflict.

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