O MEDIARE administers self-composed conflict resolution methods for individuals and legal entities, on different topics, in the private, public and social spheres.

MEDIARE's actions are guided by the Mediation Regulations and the Code of Ethics, both from CONIMA – National Council of Mediation and Arbitration Institutions.

Each case is evaluated according to its specificity and level of complexity – number of people involved, time of controversy, level of conflict escalation, previous attempts at resolution, existence of judicialization/arbitration (if any), need for a technical opinion and financial values ​​involved –, aiming to guide the Work Proposal: fees and seniority of mediators.

To request a Mediation, the interested party may contact us by phone (21) 98556 6313 (WhatsApp), or by email mediare@mediare.com.br

STEP BY STEP
  • After contacting MEDIARE, the applicant will be referred to a Team mediator, aiming to collect data and identify the demand.

  • Then, a prior meeting of up to two hours (pre-mediation) will be scheduled, free of financial burden, for expansion and bilateral exchange of information - about the Mediation and about the controversy, from which MEDIARE will forward a Work Proposal those involved, who will then decide if they want to proceed.

  • Pre-mediation will allow for a more detailed analysis of the complexity of the dispute – according to the number of people involved (directly and indirectly), the duration of the controversy, the level of escalation of the conflict, its eventual judicialization or arbitration, the technical issues and the amounts involved .

  • Based on the level of complexity, a Service Provision Proposal will be sent to those involved, indicating the values ​​of Registration Fee (one-time), Administration Fee (monthly), mediators' fees and their CVs .

  • The case management secretariat is carried out by junior mediators who are members of the MEDIARE Team, who will be present at the sessions, will act in dialogue with the mediators and those involved, and their CVs will also be sent to those involved.

  • The adhesion of all those involved to the procedure and the validation of the Proposal for the Provision of Services will motivate the signing of the Term of Participation in Mediation, characterizing its beginning.

  • In the Mediation Participation Agreement, the dialogue process will be detailed regarding the procedure, ethical principles, fees, possible duration, initial participants, and other data pertinent to the case.

Mediation services at MEDIARE and those provided by the mediators who will act in the case are remunerated, respectively, by the Registration and Administration Fees, and by the fees of the pair of mediators.

Mediation Costs

  • Pre-mediation meeting – single meeting, lasting up to 2 hours, free of fees and fees
  • Registration Fee – initial single fee, paid when signing the Participation Term that begins the service, with value guided by the peculiarities of the case (described below)
  • Administration fee - amount to be paid monthly, per hour of Mediation, according to the infrastructure that the case requires
  • Mediators’ fees (complementary pairs in expertise) – usually charged per hour of service, are guided by the complexity of the cases and the seniority of the mediators

Pre-Mediation

Mediation is preceded by a Pre-Mediation stage, whose sessions take place after the parties have been identified and contacted. The purpose of the Pre-Mediation is to inform participants about ethical and procedural aspects of Mediation, clarify doubts and complement the data initially offered by mediators.

Pre-Mediation will be free of charge for a period of up to two hours.

After the Pre-Mediation, the parties will receive, for evaluation and approval, the Service Provision Proposal, conclusively informing the costs of the Mediation, ratifying or rectifying the values ​​eventually estimated in the Pre-Mediation.

Adherence to the Mediation and approval of the Services Proposal will initiate the Mediation and the signing of the Term of Participation in Mediation.

Registration Fee 

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

This Fee is paid to MEDIARE only once, prorated between the parties, in the proportion agreed upon.

The variation in the value of the Registration Fee is related to the peculiarities of the case, according to the following criteria: number of parties directly and indirectly involved; time of controversy and escalation of conflict (history and intensity); degree of judicialization or arbitration; technical issues and estimated values ​​involved.

Administration fee

The Administration Fee refers to infrastructure and administrative-financial expenses related to the case, and is paid to MEDIARE on a monthly basis, unless otherwise specified.

The Administration Fee will be levied on the meetings that follow the Pre-Mediation and for the purpose of calculating the amount due, and also for apportionment purposes, a descriptive report of the hours spent in Mediation will be sent to the mediators by the 05th of each month.

Mediators' fees

Mediators' fees vary according to the topic brought to Mediation, its level of complexity, and the mediator's degree of experience or specialization. Their amounts must be deposited in a current account identified by the intermediaries, who will provide the corresponding Invoice.

Fees for the pair of mediators will be due based on the workload of the Mediation meetings. The establishment of a fixed value or proportional to the value of the case may also guide the calculation of fees for mediators, as well as their payment method.

Depending on negotiations with interested parties, additional compensation may be levied for hours spent preparing for meetings or analyzing them, preparing minutes and drafts accordingly.

Commitment fees – amount corresponding to the initial hours of the Mediation, will be charged and deducted later from the calculation of hours worked. The number of hours to be considered as commitment will depend on the case mediators. This amount is not refunded if the Mediation, for any reason, ends before the total number of hours paid.

TERM OF PARTICIPATION IN MEDIATION

Written by the Mediation team and signed by all members of the procedure, it will be offered after everyone has joined the Mediation, as well as the Service Provision Proposal sent after pre-mediation.

In order to provide greater security and privacy in conducting and participating in remote meetings, the following guidelines are shared with mediators, before the start of proceedings, are added to the Mediation Regulation and the Mediation Code of Ethics, both from the National Council of Mediation and Arbitration Institutions - CONIMA, and must be observed, unless otherwise agreed:

      1. The videoconferencing platform used will be ZOOM, except if the participants jointly define a different platform, which is validated by MEDIARE's technical support and by the mediators, aiming at greater security and mastery of handling the virtual tool;
      2. The meetings will have dates and times previously agreed with the participants and access to the platform room will be forwarded by the Mediation team by email or WhatsApp, sharing with other people who are not designated for the corresponding meeting is not allowed;
      3. Due to the secrecy rules applicable to the Mediation, the meetings must only have previously identified participants and the mediators. The participation of technical assistants of any nature or any guests, must be agreed in advance between all members of the Mediation;
      4. As a rule, the recording of the meeting by the participants or by the Mediation team is not allowed. If so agreed by all, with consensus on their motivation, the meetings may be recorded by the Mediation team, only on their computer or storage cloud. The recording by the participants will also depend on the consent of all those involved in the Mediation, including the mediators;
      5. With regard to the use of the videoconferencing platform, if necessary, assistance with technical support will be provided by MEDIARE at the beginning of meetings and/or during their occurrence, and will only be activated by the mediators, by mutual agreement with all participants. The professional who performs this function will be bound by a formal confidentiality commitment;
      6. In the five minutes before the scheduled time for each meeting, participants will be able to enter the “waiting room”, through the access indicated by the Mediation team, as mentioned in item II;
      7. The mediators will have control over the display of material (texts and documents, among others) on the meeting screen and will be able to advise all those who want to do so, as long as all participants agree. The same will happen in relation to the use, or not, of recording and screen sharing, as well as any notes on the whiteboard of the platform, to be saved or not;
      8. It is suggested that participants observe rules of conduct similar to those in face-to-face Mediation meetings, avoiding simultaneous speeches, aiming at the fluidity and clarity of the dialogue. The balance of exposure opportunities must also be respected, aiming at the balance of participation.
      9. To avoid dispersion of attention and ensure that the content of the session is preserved in that environment, the chat and its notes can only be used for viewing by all; personal notes of each participant being provided;
      10. In the event that the mediators notice the convenience of breaks in the joint meeting, promoting private sessions, they may temporarily resort to using the resource of separate rooms, always trying to observe criteria of secrecy and balancing opportunities. Mediators and mediators may request private meetings and for these the same criteria mentioned in these guidelines will be observed;
      11. The image of all the participants must be displayed on the screen, so that the expressions can be perceived and followed by the mediators and other participants; people not invited to a given meeting cannot be in the same physical space, in order to guarantee the confidentiality of the conversations, unless otherwise agreed, between mediators and mediators. It is recommended to use headphones in order to preserve the content shared by the participants;
      12. It is recommended that each participant previously test their possibilities for using videoconferencing, especially by selecting equipment with which they are familiar and verifying that their connection speed and stability usually allow adequate participation in remote meetings;
      13. It is recommended to avoid interruptions during meetings, reserving an environment with conditions of silence conducive to participation, using a network, preferably private, and keeping security devices up to date;
      14. The participation step-by-step, as well as more detailed guidelines on the use of the virtual platform for Mediation / Facilitation of Dialogue can be sent to each participant, before the pre-mediation meeting, if it helps;
      15. Any questions from participants before or after the meetings should be sent to the email address of the mediators, who, if necessary, will coordinate obtaining technical support.

      CLAUSE TO BE INSERTED IN EMAILS FOR ARRANGEMENT OF MEDIATION MEETINGS / FACILITATION OF DIALOGUES COORDINATED BY MEDIARE

      Remote Mediation meetings, joint or private, will be held via Zoom or another platform that may be agreed upon by the participants and accepted by the MEDIATE, falling to the MEDIATE provide links and meeting codes and, if necessary, technical support, under confidentiality conditions.

Download the Mediation Participation Guidelines Online (pdf)