The present Regulation of Ethical and Procedural Rules of Mediation (“MD Regulation”) is mandatory in the Mediation procedures carried out at the MEDIARE DIÁLOGOS Chamber (“MD Chamber”). Complementarily, the rules of the Code of Ethics for Mediators of the National Council of Mediation and Arbitration Institutions – CONIMA are applicable. Cases involving the Public Administration may still be regulated by other rules.

I.1 Mediation is a voluntary, non-adversarial and flexible means of managing disputes, guided by protagonism and co-authorship (“Mediation”). Its procedure is guided by good faith commitments, mutual understanding and construction of solutions of mutual benefit and satisfaction, and is conducted by independent and impartial third parties, the mediators. Freedom in the construction of alternatives to the controversy is based on the principle of autonomy of will, respecting ethical principles and public order norms.

I.2 Conflicts that deal with available or unavailable rights that allow a transaction, involving two or more individuals or legal entities, may be submitted to Mediation.

I.3 In the MD Chamber, the mediators will preferably act in co-mediation, through a pair with an interdisciplinary character. The conduct of the dialogue process will be guided by competence and diligence, as well as by the independence and impartiality of the mediators in relation to the mediated topic and the mediates, being certain that the Mediation and the information generated in its course are confidential, except for possible stipulations to the contrary by intermediaries and legal exceptions, such as the provisions of article 31 of Law No. 13.140/2015 (Mediation Law), which allows intermediaries to expressly waive the secrecy of private meetings.

I.4 The mediators will ensure that there is a balance of participation, sufficiency of information and decision co-authorship, even suggesting that the mediators seek technical and legal information whenever necessary.

II.1 Any capable individual or legal entity regularly constituted and represented may request the MD Chamber to initiate a Mediation procedure. The request must be made to the secretariat of the MD Chamber, which may offer a Preliminary Information Form for Mediation, to be filled in by the interested parties or by a mediator in charge of the initial contact and ratified or rectified by the interested parties.

II.2 The preliminary information provided by the parties will be analyzed by a technical team, which will also conduct the pre-mediation session (“Introduction Session”), expanding the framework of knowledge about the case and about the Mediation. The CVs of the mobilized technical team will be available on the MD Chamber's website, and can also be sent digitally.

III.1 A mediator who is part of the MD Chamber will contact the requesting party by telephone in order to expand the preliminary information, identify the best way to invite the other parties and schedule the Introductory Session (which may be more than one, according to the parties decide and negotiate). The requesting party and the invited party will participate in the sessions and meetings, and when they are legal entities, they must be present through a legally constituted representative(s) for the Mediation with specific powers to participate and, when desired, to deliberation. The Presentation Session will be conducted, preferably, by a pair of mediators necessarily composed of at least 01 (one) mediator who is a member of the MD Chamber Mediators Panel.

III.2 The Introductory Session and the Mediation meetings will be held at a location offered by the MD Chamber or proposed consensually by the mediators and agreed with the mediators with reasonable advance notice. The Presentation session should preferably be joint (with all those involved and their legal advisors, if any) and the Mediation meetings may be joint or private.

III.3 As long as there is consensus, the mediators may be accompanied by lawyers (or public defenders, as the case may be) and other technical advisors or people they trust, who will also be subject to the commitment to comply with ethical, procedural and confidentiality standards. established or referred to. If one of the parties is assisted by a lawyer (or public defender, as the case may be) and the other is not, or accompanied by a technical advisor of another nature, the mediator may or may not suspend the procedure, in accordance with the wishes of the parties present. , until all are properly assisted or advised.

III.4 Information regarding the guiding principles of Mediation, its procedure and working methodology will be provided at the Presentation Session, clarifying any doubts. Participants will be invited to provide a description of their perceptions of the facts and to share their expectations.

III.5 The choice of mediators will be up to the parties. If the parties choose to elect an external mediator, it will be necessary for the other mediator of the pair to be a member of the Panel of Mediators of the MD Chamber. As the MD Chamber is responsible for appointing the mediator(s), the principles of specialty and interdisciplinarity will be observed, in addition to the criteria that measure the complexity of the case (item IV.4). Internal mediators and external mediators must sign a term of adhesion to these Regulations.

III.6 In the event that the mediators wish to appoint an external mediator to the Panel of Mediators of the MD Chamber, they must do so by consensus regarding this option and the name chosen, submitting the respective curriculum to the Board of Directors of the MD Chamber, so that it can ratify or not the choice of the appointed external mediator.

III.7 The mediators internal or external to the Panel of Mediators of the MD Chamber will preliminarily analyze the case in order to identify its suitability for Mediation, the level of complexity (IV.4) and the convenience of eventual adjustments in the composition of the team.

III.8 Once the mediators and mediators have defined their participation in the Mediation, each mediator must send their respective Declaration of Independence and Impartiality to the secretariat of the MD Chamber and inform them of any fact that may raise doubts as to their participation in the Mediation. If a mediator does not accept to participate in the Mediation, he/she must communicate this fact, in writing, without declining specific aspects.

III.9 In the event of impediment or unavailability of any mediator for the pre-mediation phase or for the course of the Mediation procedure, his replacement will occur based on the same objective criteria that guided the original choice.

III.10 The activity of Mediation is very personal, which is why any failure to observe ethical or procedural rules will be the full and exclusive responsibility of the mediator himself. The responsibility of the MD Chamber will be limited to the activities developed by it, which are restricted to secretarial support for the Mediation procedure.

III.11 Once confirmed the suitability of the method for the case and the mediation's adherence to the terms of the Proposal for the Provision of Services sent by the MD Chamber, including the acceptance of the mediators indicated for the case, the Term of Participation in Mediation will be formalized.

III.12 When the Mediation takes place during a judicial or arbitration process, the mediators may suggest to the mediation parties that they request the judge or arbitrator to suspend it for a period sufficient for the consensual solution of the dispute.

III.13 The mediators and the secretariat of the MD Chamber will not act as witnesses in an adversarial process that deals with the object of the controversy submitted to Mediation.

III.14 The mediators will ensure compliance with the rules of secrecy (confidentiality) agreed in the Pre-Mediation and Mediation, except as determined by law.

III.15 The meetings recorded in minutes will be made available to the parties by means of a consensual definition in this regard by the mediating parties.

III.16 Any document presented in physical or electronic form during the course of the Mediation procedure must be marked with confidentiality, and the same will be returned after the need or convenience of its use or exhibition ends.

III.17 Unless otherwise agreed with the mediating parties, the secretariat of the MD Chamber will keep as documentation of the Mediation procedure, upon its termination or suspension, only one copy of the Mediation Agreement Term; or a copy of the Interruption Term, when requested by the intermediaries; or a copy of the Termination Term when resolved by the mediators, as the case may be.

IV.1 The Chamber will maintain a table of Registration Fee, Administration fee and Mediators' Fees, the terms of which may be reviewed periodically. Each Thematic Sector of the MD Chamber has its specificities and consequent Table of Costs that will be shared with those interested in Pre-mediation. An example table is available on the website.

The Registration Fee corresponds to the cost of mobilizing the MD Chamber in relation to administrative services in the period between the initial contact made by the requesting party and the signing of the Term of Participation in Mediation by all parties involved.

IV.2 Unless otherwise negotiated with the interested parties or liberality of the MD Chamber, the Registration Fee will be proportional to the complexity of the case, measured in the Pre-mediation, and will continue to be identified in the Proposal for the Provision of Services. The parties will define the form of apportionment of the Registration Fee, upon joining the Mediation.

IV.3 The Administration Fee will be paid monthly by the intermediaries, starting from the third hour of Pre-mediation, considering the initial complexity assessment, based on the Pre-mediation.

IV.4 Mediators' fees will be defined according to the complexity of the case, identified based on objective criteria, including: number of parties directly and indirectly involved, time of controversy, escalation of the conflict (history and intensity), existence of legal proceedings or arbitration, technical issues, and estimated amounts involved.

IV.5 After the Presentation Session (pre-mediation), the Service Provision Proposal will be forwarded to the parties, with a view to analysis and possible approval, which will include: (i) the suggestion of the pair of mediators, with their respective qualifications; (ii) the preliminary service schedule; and (iii) the ratification or rectification of the Registration Fee and Administration Fee amounts, eventually estimated in the course of the Pre-mediation, and the mediators' Fees (“Mediation Costs”).

IV.6 As well as the Registration Fee and the Administration Fee, the mediators' Fees will be due according to the proration percentage that is defined by consensus between the parties. In the event that one of the parties is unable to pay the Registration Fee, the Administration Fee and/or the Mediators' Fees, the other party may pay the respective amount in order to keep the Mediation procedure in progress. The Mediation may be suspended in the event of non-payment of any Mediation Costs for a period exceeding 15 (fifteen) days. After 30 (thirty) days without effective payment, the Mediation will be automatically terminated.

IV.7 For the calculation of the mediators' fees, the hours spent by the mediators in conducting joint and/or private meetings will be considered, as well as those dedicated to the eventual preparation of minutes and minutes of agreement, according to what was negotiated with the parties. Unless canceled with 24 (twenty-four) hours in advance (considering business days), there will be a charge for the hours of scheduled meetings - Administration Fee and Fees, even in the event of non-attendance of the mediator(s) to the meetings. The hours spent answering phone calls or exchanging e-mails will be charged according to a consensual definition with the intermediaries. In exceptional cases, remuneration may also be agreed for the hours spent preparing for meetings or analyzing them.

IV.8 At the discretion of the MD Chamber, the Fees referring to the Presentation Session (pre-mediation), if it is a single one and lasting up to two hours, may not be charged. In the case of Mediation of a commercial or corporate nature, the hours spent in the Presentation Session will be charged whenever the dispute originated from a contract that contains a Mediation clause, or the mediating parties formally agree to accept said charge despite the absence of such clause.

IV.9 The mediators' Fees, generally defined by the Mediation time criterion allocated by the parties, may be established in a fixed amount, by the incidence of a percentage on the estimated value of the dispute or other criterion, always previously agreed with the parties.

IV.10 Unless otherwise negotiated with the intermediaries, upon acceptance of the Proposal for the Provision of Mediation Services and before the first Mediation meeting, the intermediaries must pay the Registration and Administration Fees, as well as Fees equivalent to a workload minimum of 05 (five) hours for Mediation cases of low or medium complexity and 10 (ten) hours for Mediation cases of high or very high complexity. If there is no attendance at the first Mediation meeting and the procedure is discontinued, the amount related to Fees will be refunded exclusively. In the event that the charge is made by the hour, the intermediaries will deposit, at least 48 (forty-eight) business hours in advance, the amounts corresponding to the estimated time for the following meeting(s), as well as any complementary amounts referring to previous meetings, unless otherwise decided. The workload report will be sent monthly by the secretariat of the MD Chamber to the intermediaries.

IV.11 If the meetings take place outside the city of Rio de Janeiro, amounts related to the travel period (door to door) of the mediator will be added, in the proportion of up to 50% (fifty percent) of the value of the negotiated hour of Fees, in addition to the cost full cost of transportation, accommodation and food. The amount of these expenses will be anticipated by the intermediaries in each situation, at least 10 (ten) days in advance, after the estimate presented by the secretariat of the MD Chamber, and will be justified by the mediators upon presentation of the respective vouchers. Any adjustments, major or minor, will be made monthly by the intermediaries based on a balance sheet presented by the secretariat of the MD Chamber. In cases where the expenses are part of the taxable income, the corresponding tax burden will be added to the value of the expenses. The MD Chamber may also suggest the prior deposit of an amount in anticipation of expenses, which is also dealt with in the monthly balance sheet.

IV.12 In the case of fees in a fixed amount or as a percentage of the estimated value of the dispute, the payment must be made in the number and frequency of installments corresponding to the estimated duration of the Mediation, as provided for in the Term of Participation in Mediation, the first installment corresponds to an amount not less than 50% (fifty) percent of the fixed amount or estimated percentage of the dispute.

IV.13 Once the Mediation is terminated for any reason (as per item VII below), the secretariat of the MD Chamber will be accountable to the mediating parties.

V.1 The Term of Participation in Mediation must contain:

(i) full name, nationality, profession, number and body issuing the identity, registration with the CPF/CNPJ, address with zip code, landline and cell phones, e-mail and, in the case of a legal entity, corporate name, other qualification data corporate identity and identification of who will represent it in the Mediation in accordance with the articles of association, statute or power of attorney with specific powers for participation (and, when desired, deliberation) that may be presented;

(ii) full name, registration with the professional body, address with zip code, telephone and e-mail of the legal advisors, technical advisors or other trusted persons participating in the procedure;

(iii) full name, telephone number and e-mail of the mediators who will act in the case;

(iv) the confirmation, and any reservations, of the confidentiality commitment of the Mediation participants, including with regard to the documents provided, and the registration of the legal prohibition of the professionals involved in the Mediation to act as witnesses in a judicial or arbitration proceeding that is partial or entirely about the object of the Mediation;

(v) the themes that motivate the Mediation;

(vi) estimation of the number, frequency and duration of Mediation meetings;

(vii) the possibility of joint and/or private meetings;

(viii) the place and language of the Mediation;

(ix) if the mediators want to receive a timely summary and/or a copy of the minutes;

(x) percentages owed by the members of the Mediation regarding the Registration Fee, Administration Fee, Mediators' Fees and costs of other natures;

(xi) eventual funding of specialists to assist the mediators;

(xii) other relevant information.

V.2 Sufficient time has elapsed i) for the mediation to be made aware of the benefits of the Mediation in progress (Facilitative Mediation), and ii) for the mediators to have built an accurate technical view of the case, and also, iii) to have exhausted the efforts for a consensual solution, the mediators may, jointly and as provided for in the Term of Participation in Mediation or in an addendum to it, request from the mediators a non-binding technical opinion on part or all of the mediated matter (Evaluative Mediation), with a view to having plus this element to consider in your decision-making process. In the case of opting for an opinion, a formal work proposal will be presented by the mediators, with financial values ​​and deadline for submitting the opinion, guided by the complexity of the matter. After acceptance of the proposal, the evaluation work will begin.

VI.1 The agreements reached in the Mediation may be total or partial, definitive or provisional, and must be transcribed in a language suitable for the understanding of the mediating parties and their advisors or trusted persons.

VI.2 In the case of partial settlements or interruption of the Mediation procedure, the mediator may help the mediators to identify a dispute management method that proves to be adequate for the remaining issues.

VI.3 If the preliminary agreement reached is provisional, the intermediaries and their advisors will decide on the validity period and the return date for evaluation and eventual adjustments.

VI.4 When the matter does not require ratification, the intermediaries may opt for verbal agreements, or for the formalization of the agreement as a contract or extrajudicial enforcement order, according to their own interest or the guidance of the advisors. In the event that it is not formalized as an extrajudicial enforceable instrument, the intermediaries must be aware that the agreement cannot be the subject of legal action (monitoring or enforcement).

VI.5 If the intermediaries request, or the matter demands, the agreements may gain legal language, with the assistance of legal advisors, including for the purposes of judicial approval. In these cases, mediators must, upon request, be available to assist in maintaining the fidelity of the original text, as prepared in conjunction with mediates and advisors.

VI.6 The agreements may contemplate the possibility of supervising (monitoring) their compliance.

The Term of Agreement in Mediation usually includes the agreed topics, the commitments assumed by all and meets the details requested by the mediators and advisors, or demanded by the matter.

VII.1 The Mediation will be concluded by means of a Term of Agreement entered into by consensus between the mediators; by means of an Interruption Term, by uni or multilateral decision by the mediators or by means of a Closing Term by decision of the mediators.

VII.2 In the event that the mediators understand that the negotiation has become unproductive or that there is ethical motivation (in this case, the mediators will not explain the reasons) that make it impossible to continue the Mediation, the Mediation Closing Term should only declare the end of the procedure and contain the signature of the mediators and proof of knowledge of the mediates.

VII.3 If any of the mediators decides to end the Mediation procedure, the Interruption Term of the Mediation may contain the respective written declaration of will and the formal manifestation of knowledge by the other mediation parties, and any attempt to persuade by the mediators as to the continuity of the procedure is prohibited. .

VII.4 The Mediation Agreement Term must include the start and end dates of the Mediation and, if requested and thus agreed between the participants, summary of the consensus obtained in the Mediation, global or partial.

VIII.1 For research and statistical purposes, the MD Chamber reserves the right to publish quantitative data (number of: adhesions/non-adhesions to the procedure; total/partial, provisional/definitive agreements; among other possibilities) and qualitative data (improvement in the relationship and restoration of dialogue), in relation to the cases dealt with, with the anonymity of the mediators and advisors being protected, as well as confidentiality regarding the merits of the issues dealt with.

VIII.2 The MD Regulation in force on the date of signature of the respective Term of Participation in Mediation applies to the Mediation procedure. Any gaps in this Regulation may be filled by the mediators together with the mediators, and must be validated by the Board of Directors of the MD Chamber.

VIII.3 The Mediation Agreement Term, the Closing Term and the Mediation Interruption Term will be signed electronically and forwarded to the intermediaries and legal advisors, in addition to a copy that will be filed at the MD Chamber secretariat for 05 (five) years and will be discarded subsequently.

VIII.4 The MD Chamber and the mediators will not be responsible for the content of the terms of any agreement or interruption of the Mediation, which result from the deliberation, protagonism and co-authorship of the mediates themselves.

VIII.5 The mediators are prevented, during the entire Mediation procedure and for the period established by law, after the date of signature of the Mediation Agreement Term, the Closing Term or the Mediation Interruption Term, from participating or advising on procedures of any nature related to the matter that was the object of the Mediation procedure and involving any of the mediating parties, except for the resumption of Mediation. After this period has elapsed and the principle of confidentiality is preserved, they may participate or advise on procedures involving any of the mediating parties, provided that such procedures do not have a direct or indirect correlation with the previously mediated controversy.

VIII.6 This Regulation, revised on September 10, 2021, enters into force on the date of its publication on the MEDIARE website, and will be registered in the Registry of Deeds and Documents, and may only be amended upon express and specific approval. of the Board of Directors of the MD Chamber.

VIII.7 The entire MEDIARE System practices ESG principles – environment, social, governance and LGPD – General Data Protection Law (Privacy Policy published on the website). It is based on ethical guidelines for conduct – in coexistence, management, professional training, projects and service provision, disclosure and remuneration – identified as the MEDIARE Standard (transcribed in an institutional publication).