Effective May 28, 2024
I. INITIAL PROVISIONS
1.1 CAMARB – BUSINESS MEDIATION AND ARBITRATION CHAMBER – BRAZIL, hereinafter referred to as CAMARB, has as its objective the administration of arbitration, mediation and other extrajudicial forms of dispute resolution procedures.
1.2 The mediation procedure is voluntary and based on the principles that guide mediation, as well as the legislative provisions that govern the matter.
1.3 The CAMARB Business Mediation Rules, now referred to as the “Rules”, will apply whenever so agreed between the parties, regardless of the existence of a mediation or staggered clause that stipulates the adoption of the CAMARB mediation rules.
1.4 Unless otherwise provided, the Rules in force on the date of the Mediation Request shall apply.
1.5 If there is direct or indirect participation by the Public Administration, the rules of these Rules may be adapted as necessary to meet the relevant legal requirements.
II. MEDIATORS
2.1 Both members of the CAMARB Mediators List and others who are not part of it may be appointed as mediators.
2.2 The parties may request and the mediator may recommend, subject to their acceptance, co-mediation.
2.3 In the case of disputes involving high complexity, with the presence of multiple parties, the chosen mediator may suggest hiring a team of mediators and a multidisciplinary team, with remuneration being paid to each member of the team, in accordance with the fee schedule.
III. REQUEST FOR MEDIATION
3.1 Anyone wishing to submit a dispute to the mediation procedure, under the administration of CAMARB, must communicate their intention to the General Secretariat, indicating:
i – name and full qualification of the Applicant(s), of their Representative(s), in the case of a legal entity, and of their Patron(s), when represented by lawyer(s);
ii – electronic address and physical address of all those indicated in the previous paragraph, including the address that may appear in the contract or mediation clause that supports the request;
iii – power of attorney, accompanied by personal documents and/or articles of association, if applicable;
iv – name and full qualification of the Requested Party and its Representative, in the case of a legal entity;
v – electronic and physical address of all those indicated in the previous paragraph;
vi – full copy of the instrument containing the mediation or staggered clause, if any;
vii – brief report of the case;
viii – estimated value of the conflict.
3.2 All documents submitted by the parties must be delivered to the CAMARB Secretariat in digital format, made available as attachments to the electronic message sent by the party or in an access link indicated by the CAMARB Secretariat.
3.3 Communications from the CAMARB Secretariat and the mediator and the parties' statements will be sent to the parties or, if there is an attorney appointed by them, exclusively to them, by email sent to the address provided by the party(ies) to the Secretariat.
3.4 When requesting the institution of the mediation procedure, the Applicant must make a non-refundable deposit of the Registration Fee.
3.5 If the requirements of items 3.1 and 3.4 are not met, the Secretariat will establish a period of 10 (ten) calendar days, counted from the date of granting this period, for compliance. If the requirements are not met within the period granted, the Request for Mediation will be archived, without prejudice to the possibility of a new request, and there will be no refund of the Registration Fee in this case.
3.6 The CAMARB Secretariat will send the Requested Party, preferably to the email address provided by the Requester, the Mediation Request and its attachments, as well as a copy of these Rules and the list of names that make up its List of mediators so that, within 15 (fifteen) days from receipt thereof, it may respond to the request.
3.6.1 The response must necessarily be accompanied by:
i – name and full qualification of the Applicant(s) and their Representative(s), in the case of a legal entity, and their Patron(s), when represented by lawyer(s);
ii – electronic address and physical address of all those indicated in the previous paragraph;
iii – power of attorney, accompanied by personal documents and/or articles of association, if applicable.
3.7 All deadlines in these Rules are continuous, counting business days, excluding the day of receipt and including the day of due date.
3.8 Deadlines begin to run from the first business day following the summons, notification or communication received by the Secretariat.
3.9 If the Respondent is not found, the Applicant will be immediately informed and must provide a new address to the CAMARB Secretariat within 10 (ten) days, under penalty of the mediation request being archived, without prejudice to the possibility of a new request, with no refund of the Registration Fee in this case.
3.10 If the opposing party refuses to participate in the mediation, the CAMARB Secretariat will communicate this fact in writing to the Requesting party.
IV. PRE-MEDIATION
4.1 The pre-mediation meeting has an informative bias, being prior to the initiation of the procedure and conducted by the CAMARB Secretariat, jointly or separately.
4.2 All parties will be invited to participate in the pre-mediation meeting, remotely, to be scheduled by the CAMARB Secretariat on days and times according to their availability.
V. APPOINTMENT OF MEDIATORS
5.1 After the pre-mediation meeting and collection of the Administrative Fee and Mediator's Fees, in accordance with items 8.3, 8.5 and 8.6, the CAMARB Secretariat will request the parties to appoint, by mutual agreement, within 10 (ten) days, counting from receipt of the communication, a mediator to act in the mediation procedure.
5.2 The person(s) appointed to act as mediator(s) will sign the Declaration of Non-Impediment and the Questionnaire informing any circumstance that may give rise to justifiable doubt as to their impartiality and independence, in relation to the parties or the dispute subject to mediation, as well as the necessary availability to conduct the mediation.
5.2.1 The Declaration of Non-Impediment and the Questionnaire presented by the mediator will be forwarded to the parties, who will have 5 (five) calendar days to respond.
5.2.2 If, during the course of the mediation, the mediator becomes aware of the existence of a fact or circumstance that may affect their impartiality or independence, they must immediately inform the parties and CAMARB of the need for their withdrawal.
5.3 Within 10 (ten) days of receiving the declaration of availability, independence and impartiality or the information referred to in item 5.2, any of the parties may challenge the mediator who does not meet the requirements of the applicable legislation, incurs in any of the hypotheses of impediment or suspicion provided for in the Mediation Law, or does not have the availability to act in the procedure.
5.3.1 In the event of an objection, the mediator will be summoned by the CAMARB Secretariat to respond within 5 (five) days, after which the parties will be granted access to the case for the same period.
5.3.2 After the clarifications have been provided, it will be up to the Parties to decide whether or not to maintain the appointment of the mediator.
5.3.3 If either party decides to refuse the appointed mediator, the parties will be notified by the CAMARB Secretariat to respond within 05 (five) calendar days, jointly indicating a new mediator or expressly requesting that the appointment of the mediator be made by the CAMARB Board of Directors.
5.4 If it is necessary for the mediator to be appointed by the CAMARB Board of Directors or, in the case of urgency, ad referendum, by the CAMARB Vice-President of Mediation, in accordance with the Chamber's Bylaws, the CAMARB Secretariat will forward to the parties a list of mediators with a minimum of three nominations, including their respective resumes, requesting that the parties indicate their order of preference in relation to the appointed mediators, numbering them from 1 (one) to 3 (three), within 5 (five) days.
5.5 The mediation will be conducted by the mediator appointed by mutual agreement of the parties.
5.6 If there is no coincidence of nomination, the CAMARB Secretariat may repeat the procedure provided for in item 5.3, if the parties are interested, forwarding a new suggested list.
5.7 To appoint mediator(s) in accordance with the Rules, the parties, their lawyers and the CAMARB Board of Directors must consider, among others, the qualifications and characteristics of the professional, as well as the commitments to gender and racial equity assumed by the Chamber.
5.8 If the appointed mediator dies, is declared prevented or suspected, or becomes unable to perform the function, and the parties agree to continue with the mediation, they must jointly appoint another mediator within 10 (ten) days, otherwise, the CAMARB Secretariat may repeat the procedure provided for in item 5.4, forwarding a new suggested list.
VI. MEDIATION CONTRACT
6.1 After the appointment of the mediator, the CAMARB Secretariat will invite the mediator and the parties to a meeting to establish the procedure and sign the Mediation Contract, which will contain:
i – name, profession, marital status and address of the parties and their lawyers, if any;
ii – name, profession and address of the appointed mediator;
iii – the matter that will be the object of mediation;
iv – the language in which the mediation procedure will be conducted;
v – the designation of the location, date and time of the first mediation session and the schedule/calendar of the remaining mediation sessions, including the estimated duration of the procedure, if applicable;
vi – the confidentiality clause and its scope;
vii – the provision that the mediator may not act as an arbitrator or witness in judicial or arbitration proceedings that are related to the subject of the conflict brought to mediation, nor may they, for a period of one year, counting from the end of the last hearing in which they acted, advise, represent or sponsor any of the parties;
viii – determination of the form of payment of the mediator's fees and the administrative fee, as well as the declaration of responsibility for the respective payment and for the mediation expenses.
6.2 The parties and/or their lawyers, if any, and the mediator will sign the Mediation Agreement electronically on a digital platform made available by CAMARB, with the final version being sent to all signatories after all signatures have been registered.
6.3 Mediation shall be deemed to have been instituted on the date of the first mediation meeting.
6.3.1 The first mediation meeting will be considered the one intended for signing the Mediation Contract.
6.3.3 Once mediation has begun, subsequent sessions with the presence of the parties may only be scheduled with their consent.
6.3.4 While the mediation procedure is ongoing, the statute of limitations period will be suspended.
VII. PROCEDURE
7.1 Mediation sessions may be held together or separately, depending on the understanding of the mediator or request of the parties.
7.2 Mediation sessions may be held remotely or in person, with the CAMARB Secretariat being responsible for their organization.
7.3 When conducting the mediation procedure, the parties, their lawyers, the mediator and the CAMARB Secretariat must prioritize the use of electronic communications, attend virtual meetings and, in the case of in-person meetings, use durable and immediately consumable products that are less harmful to the environment, in accordance with the Mediator's Green Pledge, promoted by the World Mediators Alliance on Climate Change, assumed by the Chamber.
7.4 If deemed necessary, the mediator may request the parties to present in writing, in a succinct manner, within a period of up to 10 (ten) days before the date set for the first session, a Mediation Plan, describing, among other items, the objectives of the mediation, analysis of their interests, needs and possible risks of the dispute, as well as any documents they consider important for informing the mediator about the issue in dispute.
7.5 All those who have access to the mediation procedure must consider all information and documents presented during the mediation to be confidential, unless the parties expressly state otherwise or as determined by law.
7.6 In order to ensure the effectiveness of the procedure, at the request of the mediator, the parties must prove that the people present at the mediation sessions have the power to represent them and make the necessary decisions to resolve the conflict, including signing an agreement.
7.7 The mediator may limit the number of people representing each of the parties, in order to provide a conducive environment to the smooth running of the procedure.
7.8 The parties, their lawyers, the mediator and the CAMARB Secretariat must maintain an inclusive environment for all participants in the mediation procedure, considering the diversity of gender, race, sexual orientation, religion, ethnicity, regionality, age and people with disabilities.
7.8.1 In order to comply with item 7.8, the participant in the mediation procedure who experiences difficulty in performing their role adequately, especially due to disability, must report the fact and suggest an appropriate overcoming measure to the CAMARB Secretariat and, if already appointed, to the mediator, so that they can take the appropriate measures to make the procedure fully accessible.
7.9 The mediation procedure will be considered concluded: (i) upon reaching an agreement between the parties, (ii) in the event of a declaration by either party of lack of interest or impossibility of reaching an agreement, or (iii) by decision of the mediator, when they consider that further efforts to reach consensus are not justified.
7.9.1 In the cases provided for in item 7.9, the parties or the mediator, as the case may be, must inform the CAMARB Secretariat of their decision, without it being necessary to state their reasons.
7.10. Once the mediation procedure has been concluded, in the event that physical copies of any document or statement have been delivered, all documents presented or produced during the mediation will be made available to the party that presented them for a period of 30 (thirty) days, with the respective shipping costs being borne by the party. After this period, CAMARB and the mediator are expressly authorized to destroy all documentation.
7.11 The presence of a lawyer representing the party in the mediation is optional. When present, they must sign the Mediation Agreement.
7.11.1 If only one of the parties appears accompanied by a lawyer, the mediator will suspend the procedure until all parties are duly assisted.
7.12 If it is not possible to reduce the definitive agreement to writing, at the discretion of the parties and their lawyers, if any, a document may be drawn up before the end of the mediation session, which contains the general guidelines relating to the points to be addressed in the preparation of said definitive agreement.
7.12.1 The confidentiality of mediation does not apply to this document, which may be used to prove the terms of what was agreed, whether in ordinary court or in arbitration.
VIII. REGISTRATION AND ADMINISTRATIVE FEES, MEDIATOR FEES AND OTHER EXPENSES
8.1 Along with the Mediation Request, the Applicant must present payment of the non-refundable Registration Fee, in the amount set out in the CAMARB Mediation Schedule of Costs.
8.2 If the parties do not reach a complete resolution of the dispute in the mediation procedure, the amount of the Registration Fee paid in the mediation may be used to supplement the amount of the Registration Fee for any arbitration procedure at CAMARB.
8.3 The expenses inherent to the mediation procedures administered by CAMARB will be determined in accordance with the Schedule of Costs in force at the time of the Mediation Request and include the Registration Fee, the Administrative Fee, the Mediator's Fees and other expenses referred to therein.
8.3.1 After the pre-mediation has been carried out, if the parties agree to participate in the mediation procedure, the CAMARB Secretariat will notify them to pay their share of the Administrative Fee and the Mediator's Fees, in accordance with the CAMARB Schedule of Costs.
8.4 If, during the mediation, it is found that the economic value of the dispute, reported by the parties, is lower than the real economic value determined based on the elements produced during the procedure, the CAMARB Secretariat or the mediator will proceed with the respective correction, and the parties must, if applicable, supplement the amount initially deposited as the Administrative Fee and Mediator's Fees, within 15 (fifteen) days, counting from the receipt of the summons sent to them.
8.5 In the event of non-payment by either party of the Administrative Fee and/or Mediator's Fees provided for in items 8.3 and 8.4, the other party may collect the respective amount, on behalf of the defaulting party, in order to allow the mediation to take place.
8.6 If the Administrative Fee and/or the Mediator's Fees are not paid in full within the stipulated deadlines, the mediation will be suspended and may be resumed after the aforementioned payment has been made.
8.6.1 After 30 (thirty) days of suspension due to non-payment, the defaulting party will be notified to make payment within 10 (ten) days, after which the mediation will be considered terminated. The amounts related to the Administrative Fee and the Mediator's Fees paid up to that point will be reverted in favor of CAMARB and the mediator, respectively.
8.7 Expenses incurred for the performance of acts in the mediation procedure shall be borne by the party requesting the respective measure or by both parties if the measure is initiated by the mediator or is provided for in these Rules. The CAMARB Secretariat may request from the parties an advance of a sufficient amount to cover the expected expenses for the mediation, in an amount to be stipulated according to the specific case, an amount that will be subject to the rendering of accounts.
8.8 At the end of the mediation procedure, CAMARB will be responsible for surveying the amounts paid by the parties in order to verify whether additional payments will be necessary, whether as mediator's fees, as a supplement to the Administrative Fee or, eventually, reimbursement of expenses, which must be duly proven by CAMARB or the mediator, as the case may be. If, however, there is a remaining balance in favor of the parties, this will be reimbursed to them.
IX. PROCESSING OF PERSONAL DATA
9.1 The parties, their legal representatives, the mediator and other mediation participants agree to the processing of personal data, to be carried out by CAMARB, as the controller of such data, in order to comply with its statutory and regulatory obligations, enabling the adequate development of the mediation procedure.
9.2 The processing provided for in item 9.1 will be carried out by CAMARB in accordance with its Data Protection Governance policy.
9.3 The mediator and the parties must ensure compliance with the legal provisions relating to the processing of personal data for the proper progress of the mediation, with CAMARB being exempt from any subsidiary liability arising from non-compliance with said legislation.
9.4 After the mediation is concluded, the data processed by CAMARB to enable the administration of the procedure will be kept on its servers for as long as necessary to enable the regular exercise of rights, including those of CAMARB, and to comply with legal obligations and, subsequently, will be anonymized or discarded.
X. FINAL PROVISIONS
10.1 In the event that arbitration proceedings are initiated after mediation has taken place, anyone who has participated as a mediator for the same dispute may not act as arbitrator.
10.1.1 Likewise, in the event that a mediation procedure is initiated after an arbitration has been carried out, anyone who has participated as an arbitrator for the same dispute may not act as a mediator.
10.2 The mediator is prevented from acting as a witness in any legal or arbitration proceedings that may be instituted to resolve the same conflict.
10.3 The mediation procedure will be strictly confidential, and CAMARB, the mediator, the parties themselves and all other participants are prohibited from disclosing any information to which they have access as a result of their duties or participation in the mediation procedure without the express consent of all parties, except in cases where there is a legal obligation to disclose.
10.4 The confidentiality of mediation encompasses all information, documents and data presented by the parties, the mediator and others involved in the mediation procedure, from the submission of the Mediation Request by the interested party until the end of the procedure, whether or not there has been an agreement between the parties, except only: (i) information and documents expressly identified as non-confidential; (ii) documents and information of public knowledge; (iii) documents and information that were already known to all parties involved, and were not protected by a confidentiality obligation agreed upon in a separate clause, term or contract.
10.5 Unless otherwise stipulated, the place of mediation will be the headquarters of CAMARB.
10.6 In the absence of agreement between the parties, the mediator will indicate the language or languages of the mediation proceedings, taking into account all relevant circumstances, including the language of the contract, if any.
10.7 The eventual initiation of judicial or arbitration proceedings will not prevent the continuation of the mediation procedure, nor its commencement, if this is in the interest of the parties.
10.8 It will be the responsibility of the mediator to interpret and apply these Rules in everything that concerns their competence, duties and prerogatives.
10.9 The possibility of issuing orders by the Secretary-General, together with the President or Vice-President of Mediation, is reserved, in accordance with the CAMARB Bylaws, for the purpose of forwarding matters relating to the regular progress of mediation procedures and which do not fall within other competences defined in the aforementioned Bylaws, in these Rules and in the Administrative Resolutions.
10.10 Any omissions will be resolved by the mediator, by the CAMARB Board of Directors or, in urgent cases, ad referendum, by the CAMARB Vice-President of Mediation, if the mediator has not yet been appointed.
10.11 The CAMARB Board of Directors will be responsible for defining the Schedule of Costs and the List of mediators.
10.12 The Schedule of Costs and the List of Mediators in force at the time of the Mediation Request shall apply.
10.13 These Rules shall come into force on the date of their publication, and may only be changed by resolution of the CAMARB Board of Directors.
Flavia Bittar
President
