Resolving disputes outside the courts is already a practical reality, and parties can benefit from adopting mediation and including it in their agreements. Options such as CEJUSC—the Judicial Center for Conflict Resolution and Citizenship—and private mediation chambers were created to reduce the burden on the courts and provide dispute-resolution mechanisms that consider the parties' interests, accelerate proceedings, and significantly reduce costs.
Nogueira Engel's professionals are qualified to resolve disputes out of court, and the team includes certified mediators. We work to preserve and negotiate your interests while considering the other party's needs, always seeking a mutually beneficial outcome.
Several options are available for resolving disputes without submitting them to the courts. CEJUSC may be used when the parties are interested in conciliation or mediation, providing an impartial setting in which a conciliator helps them negotiate and reach an agreement. Private dispute-resolution chambers are another option.
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In mediation conducted through CEJUSC, the parties are subject to the court's calendar, which may be congested. In private chambers, the duration depends on the complexity of the dispute and may continue for as long as the parties consider necessary to reach a resolution.
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The most frequently cited benefits of alternative dispute resolution are speed and lower costs. The parties also have the opportunity to participate directly and express their interests in shaping the resolution.
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No. In mediation, the parties choose a mediator to facilitate dialogue. Under Brazilian law, mediation is generally available for disputes involving disposable rights or rights that allow settlement.
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Mediation costs vary and may include administrative fees, mediator fees, and expenses related to conducting the procedure.
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A lawyer's participation in mediation may be optional, but the parties must be on equal footing: either both participate without legal representation or both are represented by counsel.
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Technically, no one is required to remain in mediation. However, under Article 3, paragraph 3, of the Brazilian Code of Civil Procedure, courts and legal professionals should encourage consensual dispute resolution throughout judicial proceedings, and it may be pursued at any stage or level of the case.
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