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Brazil: New Mediation Law Approved by Federal Senate

(June 5, 2015) The Brazilian Federal Senate on June 2, 2015, approved a new law that regulates judicial and extrajudicial mediation. The main purpose of the new law is to reduce the number of cases brought before the judiciary by enabling parties to reach an agreement through mediation. (Mariana Jungmann, Projeto de Lei que Regulamenta a Mediação Judicial é Aprovado no Senado, AGÊNCIA BRASIL (June 2, 2015).)

The new law will allow the parties to determine that future disputes between them may be resolved through mediation. This would include, for example, cases in which collective claims have been generated by poor-quality services provided by public entities. (Id.)

Justice tribunals in the country may create judicial centers of conflict resolution to which all cases that present the possibility of agreement through mediation will be forwarded. The mediation must be concluded within 60 days. (Id.)

As the measure had been previously approved by the Chamber of Deputies, it will now be forwarded to President Dilma Roussef for her signature, so that the law can enter into force. (Id.)

This is the second law on alternative dispute resolution recently approved by the Senate. (See Eduardo Soares, Brazil: New Arbitration Law Approved, GLOBAL LEGAL MONITOR (May 12, 2015).)