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Sancionada a Lei de Mediação - e autocomposição no âmbito da administração pública


6/30/2015 9:00 PM Demarest News

Mediation Act sanctioned- and plea negotiation within the public administration
 
 
Aligned with Resolution 125 issued by the National Council of Justice ("CNJ") in 2010 and other recent alterations in the Code of Civil Procedure, that benefits conciliation, mediation and other consensual dispute resolution methods, this Friday, June 26th, 2015, the so called "Mediation Act" (Lei n. 13.140/2015) was sanctioned, and comes into force in 180 days.
 
Some relevant aspect deserve to be emphasized.
 
Firstly, the Act affirms fundamental principles of the mediation procedure in the judicial and extrajudicial spheres, as well as regulates the role of the mediator, establishing guidelines for its activity, qualification and remuneration.
 
The new legislation brings forward incentives to undergo mediation, such as the obligation for the parties to attend the first mediation meeting when there is contractual provision in this sense, or duty to bear part of court costs and attorneys' fees in the subsequent law suit for the party that does not attend the first meeting.
 
Besides, there is an express provision for the suspension of all judicial and arbitration procedures in course during the mediation term or until it takes place, as well as express provision for the suspension of the statute of limitation period throughout the mediation procedure.
 
Furthermore, in regards to mediation in general, the new rule affirms the possibility of performing the procedure through the internet or any other means of communication which allows the parties to participate from a distance, including the party domiciled abroad, as long as everyone agrees.
 
At last, but not least important, the Law provides for plea negotiation in disputes involving the public administration, upon the creation of particular boards through specific regulation on each federal entity.
 
It shall be specific case of tax matters, being allowed the installment plans, etc, as well as other matters that allows dispute resolution by means of conduct adjustment agreements (such as it occurs in environmental causes), or even transaction by adhesion in repeated disputes.
 
In this context, the State's Attorney Office shall play a relevant role in the commencement of procedures and issuance of regulations, thus enabling the decrease of litigations involving the Estate, largest litigator in number of procedures according to a survey from the CNJ.
 
The mediation in labor relations, unfortunately, were not addressed to in this Law and shall be object of a specific legislation
 
The "Mediation Act" symbolizes another step towards the development of alternative dispute resolution methods. The opportunities deriving from mediation, when conducted by qualified technicians, as foreseen in the Law, are countless, considering that using consensual methods is increasingly growing and developing as a mean to avoid the tardiness and other barriers related to the judicial procedure. Naturally, such opportunities are followed by challenges, amongst which the following can be highlighted: training and creation of a culture that values non-litigious dispute resolution.
 
In view of the advantages presented by such methods, Demarest's litigation sector values its promotion, development and usage, whether it is to offer the client an alternative more adapted to the dispute, or because the resolution may be achieved more quickly, benefiting all involved, including the state justice system in the procedure.
 
The complete text of the Mediation Act is available at:
 
 
Demarest Advogados
  
​Marcelo Junqueira Inglez de Souza msouza@demarest.com.br ​+55 11 3356-2177
Rafael Villar Gagliardi​ rgagliardi@demarest.com.br ​+55 11 3356-1576
Camila Biral Vieira da Cunha​ cvieira@demarest.com.br ​+55 11 3356-2178
César Rossi Machado​ crmachado@demarest.com.br ​+55 11 3356-2196

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