is Mediation ?
Mediation is a non adversarial and not necessarily a state (official)
conducted form of solving, preventing or managing disputes. In Mediation,
the interested parties keep control of the final decision, while the process
is led by the Mediator, an impartial third party who acts as a facilitator
to keep the process flowing. This professional is trained to use the communication,
negotiation and mediation techniques to help the parties come to a satisfactory
are the main characteristics of Mediation ?
Mediation is based on the good faith and autonomous will of the parties.
In other words they are not obliged to submit their disputes to a solution
through mediation practices. It is a fast and efficient way to solve conflicts.
Privacy is guaranteed throughout the process since it is not a public
or official form of solving disputes. Results are attained by means of
negotiations, understanding, consensus and agreement. The process is informal
and flexible, and the commercial or personal relationship between the
parties is preserved.
conducts the process ?
In most countries Mediation is conducted by a Mediator, who is usually
associated to a private entity, whereas the official judiciary process
is conducted by official tribunals. In Pernambuco the Mediation Institute
is called CEMAPE - Mediation and Arbitration Center of Pernambuco
qualities should a Mediator have ?
Mediators are professionals of different areas who have been trained in
mediation methods which permit them to conduct an agreement process to
enable different parties to reach mutually satisfactory resolutions. The
mediator is obliged to a no-disclosure commitment, and must be impartial,
dedicated and competent in his activities as such.
does it work ?
A mediation session is requested by any one of the parties, or attorneys,
and will only occur when both parties agree to submit their dispute to
this form of resolution. The mediation sessions are conducted by a mediator,
and the parties may be accompanied by their lawyers or not. Sessions may
be with both parties simultaneously or with each party at a time. At the
end of the process, having reached an agreement or not, the result will
be recorded on a document, in which the terms of the agreement (or disagreement)
will be summarized.
kind of disputes may be solved by mediation?
Examples of different situations:
Family matters: divorce negotiations between ex-couples, revision of alimony,
which parent will be responsible for the children, conflicts between parents
Companies and Institutions: prevention and resolution of internal and
external conflicts, such as between a company and its clients;
Civil: Insurance payments, real estate and property rent, inheritance,
Commercial: Credit titles, freight, insurance, delivery of goods, domestic
and international commerce, Mercosul.
what does mediation differ from Arbitration and Conciliation ?
Arbitration and Conciliation are also extra-judiciary forms of dispute
resolution. In Conciliation the Conciliator gives his opinions and proposes
different solutions. In Arbitration, the arbitrator decides a solution
much like a judge. In Mediation, the mediator leads the process to allow
the parties to build their own solution. Mediation also aims at improving
the relations between the parties involved.
case Mediation fails, may the parties solve their dispute by Arbitration
or in Justice Tribunal ?
Yes. Despite the fact that Mediation is the way of solving a dispute in
consensual manner, it does not prevent any of the parties from trying
to solve his / her dispute by Arbitration or in a Justice Tribunal.
are the other advantages of Mediation ?
Being a private and consensual form of dispute resolution, and being conducted
in pace with the will of the parties involved, it is faster and a cheaper.
It also permits the parties to preserve their image, for Mediation is
a non public, therefore secret process of problem solving. Furthermore,
being a consensual way of building a solution, it will generate less emotional
and psychological stress, and allow the parties to maintain their relationship
(very often of a commercial nature).
much does it cost ?
Being a private form of solving disputes, Mediation costs are established
by private arbitration institutes and can be known by the parties beforehand.
Usually costs are based on the amounts of the issues involved.
what extent is a mediation agreement valid?
The strength of an agreement obtained by the Mediation method is that
it is a result of a consensus in which a mutual understanding has been
reached. Since the result is recorded on a document and signed by both
parties its value is like that of any other contract.
chooses the Mediator ?
The parties are free to choose the Mediator that best fits their needs.
The best way to do this is to choose from a list of professionals related
to a Mediation and Arbitration Institute such as CEMAPE in Pernambuco.