MEDIATION RULES • Mediation • Subjection to these Rules • Preliminary Provisions • Term of Mediation • Amicable Agreement • Miscellaneous • Download de MEDIATION REGULATION MEDIATION RULES 1. Mediation 1.1 - Mediation is a non-adversarial means of peacefully solving controversies, with acknowledged effective results. 1.2 - Mediation is characterized as a spontaneous, information and confidential procedure. 2. Subjection to these Rules 2.1 - The Mediation and Arbitration Chamber of São Paulo (Chamber) establishes this Mediation Rules, which may be used by those interested to solve civil and commercial conflicts. 2.2 - Any party, in controversies of a civil or commercial nature may request the intervention of the Chamber, seeking an amicable solution to conflict referring to the interpretation or fulfillment of an agreement executed with another party. 3. Preliminary Provisions 3.1 - The party interested in commencing a mediation proceeding will notify the Chamber in writing, which will then designate the date and time for the party to appear, which may, if so desired, by accompanied by an attorney, for a non-committal interview at no charge, called pre-mediation, presenting the work methodology, as well as the responsibilities of the mediator and the mediating parties. 3.2 - The party will have two (2) days to verify if it thinks it useful and appropriate to proceed with mediation. Should it choose to do so, the Chamber will invite the other party to appear, proceeding in a manner identical as that of article 3.1. 3.3 - The other party will have a two (2) days deadline to make its decision on mediation. Should it wish to proceed, the Chamber will present a list of mediators to the parties, so that they may mutually choose the professional that will conduct the mediation proceedings, within five (5) days. Should consensus not be reached, the mediator will be indicated by the President of the Chamber. 4. Term of Mediation 4.1 - Then a meeting will be set that, save any stipulation to the contrary by the parties, should be held within at the most three (3) days following the indication of the mediator, wherein the parties and their attorneys, if there are any, and the mediator will set the schedule for the meetings, executing the Term of Mediation, as well as collecting the charges that are owed and estimated by the Chamber, set in the Costs Table (Attachment I, art. 6.4) 4.2 - Save a decision to the contrary on the part of the parties, the mediation procedure may not exceed thirty (30) days, from the date that the Term of Mediation is signed. 4.3 - The mediation meetings, at the discretion of the mediator, may be held at the Chamber office or in his office. 5. Amicable Agreement 5.1 - Should the mediation be successful, through an amicable agreement reached by the parties, the mediator will draw up the respective Term of Agreement in conjunction with the parties and their attorneys. A copy of the agreement will remain filed at the Chamber for the registration and guarantee of the parties. 6. Miscellaneous 6.1 - The mediator or any of the parties may interrupt the mediation proceedings at any time, if they believe an impasse that has been created is insurmountable. 6.2 - Should it be impossible to reach an agreement, the mediator will register that fact and recommend to the parties, when applicable, that the question should be submitted for arbitration. 6.3 - Save an agreement to the contrary reached by the parties, any person that has acted as a mediator will be impeded from acting as an arbitrator, should the litigation be submitted to arbitration. 6.4 - No fact or circumstance revealed or occurred during the mediation phase will limit the right of any of the parties, in the possible arbitration or judicial proceedings that follow, should the mediation be unsuccessful. 6.5 - The mediation proceedings are strictly confidential, it being prohibited for the members of the Chamber, the mediator and the parties themselves from releasing any information related to it, to which they have access to as a result of their role or participation in said proceedings. 6.6 - Upon the termination of the mediation proceedings, the Chamber will render the accounts for the parties for payment, pursuant to what is set forth in Attachment I, requesting the supplementation of sums, if there are any, returning a possible remaining balance. Should the mediation proceedings be interrupted, the parties will be reimbursed for the advance amounts paid and referring to the hours not worked by the mediator. 6.7 - The body of mediator of the Chamber will be comprised of professionals with unimpeachable reputations with renowned technical qualification, observing the same causes for impediment as those of the arbitrators, provided for in article 5 of the Arbitration Rules. 6.8 - The doubts resulting from the application of this rules will be settled by the President of the Chamber, as well as omitted cases. 6.9 - These Rules, approved as a statute on August 20, 1998, becomes effective on that date, substituting the previous Rules, approved on May 22, 1995. 6.10 - Save any decision to the contrary on the part of the parties, this Rules applies to the proceedings that begin starting on this date.