Mediation No. ____________

TERM OF PARTICIPATION IN MEDIATION

By the present Term of Participation in Mediation (“Term”), the MEDIARE Chamber (“Chamber”), the mediators and the intermediaries, as Contractors among themselves, with the legal and technical advisors, if any, all identified and qualified at the end of this instrument, agree to participate in this mediation ("Mediation"), as a method of self-composition, according to the following clauses and conditions:

 

I - Object

I.1. To carry out the mediation, the MEDIANDOS, based on the autonomy of will, in this act, hire the services of the MEDIATORS and the administration of the procedure by the MEDIARE CHAMBER.

I.2. The contracting parties agree that this contract will be governed by the Regulation of Ethical and Procedural Norms of Mediation of CÂMARA MEDIARE (“Regulation”) and by the Code of Ethics of CONIMA – National Council of Mediation and Arbitration Institutions (“Code of Ethics”).

I.3. The dispute referred to in the Mediation is described in the Preliminary Information Form (“Form”), attached to this Participation Agreement, and the motivation for participating in the Mediation is mentioned at the end of this Term.

I.4. The Mediators' Fees and the values ​​of the Registration and Administration Fees of the Chamber, as well as the provisions on expenses inherent to the Mediation, are indicated in the Proposal for the Provision of Services ("Proposal"), hereby ratified by the CONTRACTING PARTIES. Amounts and responsibility for payment are identified at the end of this Term.

 

II - Duties of the Chamber

II.1. The Chamber will make efforts to meet, in accordance with good practices, the needs of the parties and mediators, with efficiency and zeal in the activities under its responsibility, in accordance with the provisions of the Regulation.

 

III - Duties of mediators

III.1. The MEDIATORS will ensure that there is, between the parties, a balance of participation, sufficiency of information and decision co-authorship, even suggesting that the MEDIATORS seek technical and legal information, when appropriate. It is also up to the MEDIATORS to certify independence and impartiality in their own document.

 

IV - Duties of intermediaries

IV.1. MEDIANDOS are committed to protagonism, a collaborative attitude and the search for solutions of mutual benefit and satisfaction. Good faith and commitment to the pursuit of self-composition is a demand of the Institute of Mediation.

 

V - Secrecy

V.1. The signatories of this Term will respect the confidentiality of the Mediation, except as noted at the end of this Term or in the Confidentiality Term.

V.2. MEDIATORS shall not act as a witness in a judicial or arbitration proceeding that deals with Mediation (article 7 of Law 13.140/2015) . If the MEDIATORS learn of an imminent or ongoing crime, they must terminate the procedure and may report the fact to the authorities (article 30, §3 of Law 13.140/2015).

 

VI - Assistance

VI.1. The MEDIANDOS may be accompanied by lawyers, other technical advisors or even people they trust, through the consensus of all and according to the extent of the commitment to comply with ethical, procedural and confidentiality standards.

VI.2. The physical absence from the meetings of any of the legal or technical advisors of any party will be a reason for negotiation with the others, to identify the pertinence, or not, of a meeting on that date.

 

VII - Meetings and minutes

VII.1. The meetings may be joint or private (ensuring equality of opportunity), at the discretion of the MEDIATORS or MEDIATORS and upon their consensus.

VII.2. At the end of each meeting, a copy of the minutes will be delivered to the MEDIANDOS, with the respective start and end times, for the purposes of controlling the MEDIANDOS and the MEDIARE Chamber.

VII. 3. If so agreed, a mention of the points discussed on the day may be included in the minutes or sent electronically, maintaining the commitment to confidentiality.

  

VIII- Judicial or arbitration proceedings

VIII.1. The parties must prioritize Mediation, requesting the suspension of judicial or arbitration proceedings.

VIII.2. If the mediation procedure has been chosen by the MEDIANDOS as an initial means of extrajudicial conflict resolution, object of this contract, and in view of the principle of good faith that guides the Mediation, it is suggested to make efforts in the self-composition proposal, trying to avoid the judicialization of the matter during the course of the Mediation.

 

IX – Place and language

IX.1. Unless otherwise formally agreed between the parties and with the MEDIATORS, Mediation will take place at the Chamber's headquarters and the language used will be Portuguese.    

 

X - Closing

X1. The procedure will be terminated upon the formalization of the Final Mediation Term, which will only identify the start and end dates of the procedure, of the Mediation Agreement Term, which shall record the conclusion of the works and the commitments assumed by all, if any, or Term of Suspension or Termination.

X.2. The suspension or termination may be defined by any of the MEDIANDOS, at any time, without having to state the reason, or by the mediators, under the terms of the Regulation. The Termination or Suspension Term will be prepared by the MEDIATORS, MEDIANDOS, lawyers and advisors, and signed by all.

The present Term of Participation in Mediation is signed in a number of copies corresponding to the number of people who initial and sign it, and must include all those involved.

Rio de Janeiro,

 

IDENTIFICATION WORKSHEET

MEDIATING 1:

(Physical person): (Legal person):
Full name: Social Reason:
Identity number and body, and CPF: CNPJ:
Nationality, marital status and profession: Legal representative for representation/decision:
Residential or business address, with zip code: Address of the registered office, with zip code:
Landline and cell phone Landline and cell phone:
Email: Email:

___________________________________________

Anual Subscription

 

Lawyer or other Advisor to Mediando 1

Full Name:
Nature of advice (legal or other):
Registration with the class body:
Address with zip code:
Landline and cell phone:
Email:
Signature:

 

MEDIATING 2:

(Physical person): (Legal person):
Full name: Social Reason:
Identity number and body, and CPF: CNPJ:
Nationality, marital status and profession: Legal representative for representation/decision:
Residential or business address, with zip code: Address of the registered office, with zip code
Landline and cell phone: Landline and cell phone:
Email: Email:

___________________________________________

Anual Subscription

 

Lawyer or other Advisor to Mediando 2

Full Name:
Nature of advice (legal or other):
Registration with the class body:
Address with zip code:
Landline and cell phone:
Email:
Signature:

 

MEDIATING 3:

(Physical person): (Legal person):
Full name: Social Reason:
Identity number and body, and CPF: CNPJ:
Nationality, marital status and profession: Legal representative for representation/decision:
Residential or business address, with zip code: Address of the registered office, with zip code
Landline and cell phone: Landline and cell phone:
Email: Email:

___________________________________________

Anual Subscription

 

Lawyer or other Advisor to Mediando 3

Full Name:
Nature of advice (legal or other):
Registration with the class body:
Address with zip code:
Landline and cell phone:
Email:
Signature:

 

Other person(s) involved in the Mediation

Full Name:
Identity or CPF:
Address with zip code:
Landline and cell phone:
Email:
Signature:

 

Mediator 1:

Full Name:
Phone: 
Email:

 

Mediator 2:

Full Name:
Phone: 
Email:

 

 

AGREEMENTS AND EXCEPTIONS - TERM OF PARTICIPATION, ITEM V.1 OF THE REGULATION

1. Themes that motivate Mediation
2. Estimate of number, frequency and duration of meetings
3. Possibility of joint and/or private meetings
4. Extent of Confidentiality
5. Place and Language of Mediation
6. Mention in topics of the topics addressed at the meeting, maintaining the commitment to confidentiality
7. Remuneration of costs (percentage)

  • Registration Fee_____________________________________
  • Administration fee________________________________
  • Mediators' fees ____________________________
  • Funding for phone calls, emails, summaries of minutes, minutes and agreement _____________________________________________
8. Possible costing of Specialists to assist mediators
9. Caveats
10. Other relevant information
11. Demand and conditions for Evaluative Mediation (item V.2 of the Regulation)

 

___________________________________

MEDIARE CHAMBER (legal representative)

 

 Download the Term of Participation (pdf)