It is a form of conflict resolution, where a mediator, neutrally and impartially appointed by CAMACAN LATAM, facilitates communication between the parties, helping them to constitute a consensual solution to a particular dispute.
Mediation is recognized by Brazilian Law No. 13.140 /2015, which attributes legal value to the agreement entered into under these terms (Art. 20, sole paragraph). This procedure maintains the power of final decision always with the parties. Mediation is an essential means for creating a culture of strategic conflict management based on the development of a collaborative attitude in the company.
CAMACAN LATAM mediation can be contracted after the conflict arises, also making it possible to insert a mediation clause in contracts to be used in the event of a possible conflict. The mere insertion of the mediation clause does not create a financial burden.
It is also possible to insert a mediation clause followed by arbitration. In this case, if no agreement is reached, a specialist is assigned to decide the conflict. The Law gives this decision the power of a judicial sentence, not allowing the use of any type of appeal against it.
In view of the sanitary seriousness caused by the COVID-19 pandemic or the distant location between the parties, national or international, CAMACAN LATAM will be able to conduct 100% remotely all procedures under its administration, maintaining the usual excellence and efficiency of its services. .
In accordance with the CAMACAN LATAM Mediation Regulation, the following Virtual Mediation meetings, the recommendations, guidelines and duties in Articles 32 to 36 are submitted:
Art. 32 In the virtual mediation procedure, all meetings will be held remotely including:
Art. 33 Participants in virtual Mediation meetings must have a minimum technical apparatus that allows the work to be carried out without complications and in a satisfactory manner, as a guarantee of full and equal communication between the parties.
Art. 34 In order to hold virtual Mediation meetings, CAMACAN LATAM provides the use of third party platforms, subject to their respective terms and conditions, which must be analyzed and agreed in advance by the participants.
Art. 35 Once the virtual platform has been chosen, CAMACAN LATAM will request the Parties to inform the full names of the Participants and the electronic addresses that must receive the access link, in order to send the invitations to hold the virtual Mediation meeting.
Art. 36 On the day designated for the virtual Mediation meeting, all participants must access the platform at least 30 (thirty) minutes before the scheduled time for the beginning of the work, for the last test of equipment functioning and verification of other technical issues.
As Mediation involves psychological, emotional, relational, business, legal, sociological aspects, among others, the Mediation procedure established here may, when necessary, in order to maximize more effective results, using specialized professionals in the different areas that involve the controversy, allowing an interdisciplinary solution through the complementarity of knowledge.
In this regulation, in some cases, co-mediation is allowed, which is the process carried out by two (or more mediators) and which allows collaborative action by mediators, parties to conflicts and their lawyers, to maximize the prospect of a consensual solution and expand Mediation's quality control.
This regulation allows both the provocation of the Extrajudicial Mediation procedure as a result of the Mediation Commitment Clause, provided for in a contract signed by the interested parties, as well as the attempt resulting from the unilateral provocation of one of the parties, when there is no previous Convention, making a difference however in the technical configuration of the acts of communication and in the care to collect the conscious and unequivocal manifestation of being a voluntary procedure.
GENERAL PROVISIONS
Art. 1 The parties that decide to submit to a Mediation procedure before the Câmara de Mediação e Arbitragem da Cannabis e Saúde Latino-Americana – CAMACAN LATAM - CAMACAN LATAM, registered with CNPJ under nº. 40.176.055 / 0001-71 with headquarters in Rio de Janeiro / RJ, accept and are bound by the present Regulation.
Art. 2 The mediation provided for in this regulation will be guided by the following principles:
III. orality;
VII. confidentiality;
VII. good faith.
Art. 3 The parties must participate in the process personally or remotely. In the proven impossibility of doing so, they may be represented by another person with a power of attorney who grants special powers to waive rights, compromise and sign agreements.
INITIAL MEDIATION REQUEST
Art. 4 Any capable person involved in a conflict of law available or negotiable, upon payment of the respective fees and fees, may request in writing the performance of this institution in an attempt to proceed with mediation, pointing out the existence or not of a Convention of Mediation between the parties, indicating the object of the dispute and all the data necessary for the necessary communications.
I - name, contact email, address and qualification of the parties;
II - name, contact email, address and qualification of the parties' lawyers, accompanied by the respective power of attorney;
III - copy of the social contract and document that confers the powers of representation of the legal entity;
IV - the object of the controversy, with a brief explanation of the reasons that support the claim;
V - full copy of the document containing the mediation clause, if any;
VI - estimate of the amount attributed by the claimant to the litigation.
Art. 5 If the Mediation request is in conformity with this Regulation and there is no provision for a mediation clause in a contract or other document, CAMACAN LATAM, after opening a procedure in its system, will contact the invited party informing about the request for mediation. Mediation and calling her to participate in the pre-mediation meeting, already scheduled. Accompanying the invitation are the links to access the Mediation Regulation, the Table of Costs and Fees of the Mediator.
Art. 6 The Mediation request has been carried out and the existence of a Mediation Commitment Clause or other document that convinces the attempted mediation between the parties has been verified, the date, time and place for the beginning of the mediation procedure will be designated, which should not happen. before 15 days of the request, nor after 45 days, except for several provisions established in the Mediation Convention, issuing the Invitation / Notification to another party, which will be forwarded with Notice of Receipt, with the warning of the existence of the Mediation Convention and the legal and contractual consequences that may exist about not attending the initial meeting.
Single paragraph. The mediation procedure only begins with the signing of the Initial Mediation Term, which can only occur after confirmation of payment by CAMACAN LATAM, the slips referring to the administration fee and the honorary amount.
CHOICE OF THE MEDIATOR
Art. 7 The Mediator is chosen by the collaborative method, where the parties can:
Art. 8 The parties may, by mutual agreement, choose the mediator not registered with CAMACAN LATAM. Sole paragraph: in the event of the caput, the professional must conclude the partnership agreement with CAMACAN LATAM and observe the Code of Ethics for Mediators.
Art. 9 The chosen single Mediator may recommend co-mediation, whenever he deems beneficial to the purpose of Mediation, already suggesting the name of the co-mediator, but the decision to accept this proposal, including the proposed name, will depend on consensual acceptance. of the parties.
Art. 10 The mediator must sign the Term of Acceptance and Declaration of Independence before starting his activities.
Single paragraph. The mediator is prevented, for a period of 1 year, from the end of the mediation procedure, from advising, representing or sponsoring any of the parties.
PERFORMANCE OF THE MEDIATOR
Art. 11 Mediation meetings will preferably be held together with the parties in person or remotely on third party video conferencing platforms, subject to their respective terms and conditions, which must be previously analyzed and agreed by the participants.
Art. 12 The Mediator may conduct the procedures as he deems appropriate, taking into account the circumstances, what is established in the negotiation with the parties and the speed of the process itself.
Art. 13 The Mediator will ensure that there is a balance of participation, information and decision-making power between the parties.
Art. 14 Unless the parties provide otherwise, or the law restricts, the Mediator may:
III. ask the parties to make available to them everything they need for their own inspection or that of any expert, as well as the presentation of a document or class of documents that are in their possession, custody or disposition power, as long as they consider relevant to their analysis, or by any of the parties;
IMPEDIMENTS AND CONFIDENTIALITY
Art. 15 The same rules of impediment and suspicion apply to the Judge, as provided for in the civil procedural law, to the Mediator.
Art. 16 The Mediator will be prevented from acting or being directly involved in procedures subsequent to Mediation, such as in Arbitration or in the Judicial Process, regarding the object of this Mediation.
Art. 17 Mediation information is confidential and privileged. The Mediator, any of the parties, or any other person acting in the Mediation, may not reveal to third parties or be called or compelled, including in a subsequent Arbitration or Legal Process, to reveal facts, proposals and any other information obtained during the Mediation, except as exceptions provided for by law.
Art. 18 The documents presented during the Mediation must be returned to the parties, after analysis. The others must be destroyed or filed as agreed.
Art. 19 The information provided by a party in a private session will be confidential, and the mediator may not reveal it to the others, unless expressly authorized.
RESPONSIBILITIES OF THE MEDIATOR
Art. 20 The Mediator cannot be held responsible by any of the parties for an act or omission related to the Mediation conducted in accordance with ethical standards and the rules agreed with the parties.
MEDIATION MEETING
Art. 21 Mediation is considered to have been instituted on the date for which the initial meeting is scheduled.
Single paragraph. As long as the mediation procedure is in progress, the statute of limitations will be suspended.
Art. 22 Once mediation has started, subsequent meetings, in person or remotely, of the parties may only be scheduled with your consent.
Art. 23 The chosen mediator will conduct the communication procedure between the parties, seeking understanding and facilitating conflict resolution.
Art. 24 The parties may be represented by a person with power of attorney, with a duly recognized signature, to whom decision-making powers are granted.
Art. 25 At the beginning of the first mediation meeting, the mediator must alert the parties to the confidentiality rules applicable to the procedure.
Single paragraph. Lawyers, public defenders or assistants accompanying the parties must sign a Confidentiality Agreement.
Art. 26 When only one of the parties appears accompanied by a lawyer, the mediator will suspend the procedure, in order to provide legal assistance to all participants.
Single paragraph. In the event of a refusal by the unaccompanied party to regularize its legal guidance, expressing an interest in continuing the procedure without the presence of a lawyer or public defender, this information must be expressly included in the minutes of the mediation session.
Art. 27 The mediator may hear the parties, one or more times, together or separately, as well as request the presentation of clarifications or additional documents.
Art. 28 The mediator will ensure that there is a balance of participation, information and decision-making power between the parties.
Art. 29 If the agreement is not possible, the mediator must draw up the term ending the mediation, stating the option of the parties not to continue in the mediation, or to submit the conflict to arbitration, when applicable.
Art. 30 Any and all information related to the mediation procedure will be confidential in relation to third parties, and cannot be revealed even in an arbitration or judicial process, unless the parties expressly decide otherwise or when its disclosure is required by law or necessary for the compliance with an agreement obtained through mediation.
Single paragraph. The duty of confidentiality applies to everyone who participated in the mediation procedure.
Art. 31 When either party expresses its disagreement to participate in the Mediation, a Certificate will be issued by CAMACAN LATAM and made available to the other party, for the purposes for which it is intended.
VIRTUAL MEDIATION
Art. 32 In the virtual mediation procedure, all meetings will be held remotely including:
Art. 33 Participants in virtual Mediation meetings must have a minimum technical apparatus that allows the work to be carried out without complications and in a satisfactory manner, as a guarantee of full and equal communication between the parties.
Art. 34 In order to hold virtual Mediation meetings, CAMACAN LATAM provides the use of third party platforms, subject to their respective terms and conditions, which must be analyzed and agreed in advance by the participants.
Art. 35 Once the virtual platform has been chosen, CAMACAN LATAM will request the Parties to inform the full names of the Participants and the electronic addresses that must receive the access link, in order to send the invitations to hold the virtual Mediation meeting.
Art. 36 On the day designated for the virtual Mediation meeting, all participants must access the platform at least 30 (thirty) minutes before the scheduled time for the beginning of the work, for the last test of equipment functioning and verification of other technical issues.
COSTS AND FEES
Art. 37 The costs, thus taking into account the registration and administration fees and the fees of the Mediators, will be apportioned between the parties, unless otherwise provided.
Art. 38 The registration and administration fees, as well as the mediators' fees, must be requested through contact via email addressed to [email protected] The values in force at the time of signing the Initial Mediation Term are also considered.
Art. 39 CAMACAN LATAM's mediation procedure consists of two sessions of up to two hours. If there is a need for more sessions to resolve the conflict, the president of CAMACAN LATAM should provide the extra costs.
CELEBRATION OF AGREEMENT AND CLOSURE OF MEDIATION
Art. 40 Agreements made in mediation can be total or partial. If some items on the mediation agenda have not reached an agreement, the mediator may clarify the parties about other extrajudicial or judicial means for their resolution.
Art. 41 In accordance with the wishes of the parties, the agreements reached in mediation can be informal or be reduced to term to constitute extrajudicial executive titles, incorporating the signature of two witnesses, preferably the lawyers of the parties or others (s) indicated by them .
Art. 42 The formal agreements signed before the Mediator have full legal validity and do not need to be ratified in court in order to have the force of Extrajudicial Enforcement Order, however, if the parties so wish, they can take the agreement to judicial ratification.
Single paragraph. The final term of mediation, in the event of an agreement, constitutes an extrajudicial enforcement order and, when ratified in court, a judicial enforcement order.
CAMACAN LATAM has in its Mediation Regulation, the following basic models of Clauses for the adoption of Mediation in contracts:
Download the Standard Mediation Clause
Download of the Mediation and Arbitration Commitment Clause
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