Mediation in Brazil

Quick Facts

• Legal Framework: Mediation in Brazil follows the Mediation Law (Lei 13.140/2015), which came into force in early 2016. The Law sets out two types of mediation: judicial (court based) and extra-judicial (out-of-court)....
• Cultural Approach: Brazilian culture values group orientation, family identity, overall harmony, and saving face in dealing with problems. The Brazilian legal system originates from the Romano-Germanic civil law traditi...
• Typical Costs: Mediation costs in Brazil vary by institution and case complexity. Court-annexed mediation costs are typically borne by the parties as fixed by tribunals. Private mediation through institutions like C...

Mediation Research

Legal Framework

Mediation in Brazil follows the Mediation Law (Lei 13.140/2015), which came into force in early 2016. The Law sets out two types of mediation: judicial (court based) and extra-judicial (out-of-court). The New Code of Civil Procedure (Lei 13.105/2015) also includes mediation provisions. The Mediation Law allows government bodies to use mediation for internal disputes and with private parties. Each State is delegated the creation of Mediation chambers, with discretion to decide whether disputes should be submitted to mediation, meaning there is no uniform procedure throughout Brazil. Access to justice is a fundamental right in the Federal Constitution, understood as the right to submit disputes to judicial protection and to use various means of dispute resolution not dependent exclusively on the Judiciary Branch. Brazil follows a multi-door dispute resolution system coexisting with arbitration, mediation, and dispute board resolution. Brazil ratified the Singapore Convention on Mediation on 6 August 2025, becoming the 19th State party, with the Convention entering into force for Brazil on 6 February 2026. Brazil made a reservation exempting it from applying the Convention to agreements involving the Brazilian State or its organs.

Court System

Courts actively promote and facilitate mediation through various mechanisms. The Federal Supreme Court created its own Centre of Mediation and Conciliation in August 2020 through STF Resolution. In February 2021, Justice Fux appointed former Justice Ellen Gracie Northfleet to mediate the high-profile dispute between Apple and Gradiente over the iPhone trademark under the Centre's auspices - the first dispute to go to mediation at the Supreme Court's Centre. The more economically advanced States such as São Paulo have established sophisticated centres providing even online mediations. Courts can refer cases to mediation and adjourn proceedings to allow mediation to occur. The New Code of Civil Procedure encourages mediation as a means to expedite case trials. The judiciary supports mediation as an efficient alternative to litigation given the slowness that plagues the Brazilian judicial system.

Mediator Regulations

Mediator accreditation in Brazil is provided through various professional bodies and institutions. The CBMA (Brazilian Centre for Mediation and Arbitration) maintains a list of mediators with established qualifications. Other institutions like CAMARB, CAM, and CAM-CCBC also maintain mediator lists and have cost regulations. Professional training is available through institutions like CPR which has organised ADR conferences in Brazil since 2013. IMI certification is available for Brazilian mediators seeking international recognition. The Mediation Law provides that tribunals regulate the process of registration and disconnection of their mediators. Remuneration due to judicial mediators is fixed by the tribunals and borne by the parties. Continuing professional development is encouraged through courses and conferences. The certification system ensures quality standards for mediators serving in court and private mediation contexts.

Cultural Approach

Brazilian culture values group orientation, family identity, overall harmony, and saving face in dealing with problems. The Brazilian legal system originates from the Romano-Germanic civil law tradition of codified law. There is a tendency to identify the most appropriate means for each specific dispute rather than assuming one method is better than others. The multi-door dispute resolution system reflects this approach, allowing parties to choose the most suitable method considering time, costs, and complexity. Brazilian culture emphasises harmony preservation in conflict resolution. The preference for maintaining relationships and avoiding confrontation supports mediation's collaborative nature. While traditional Brazilian dispute resolution methods exist, modern mediation is increasingly accepted as an effective means to resolve disputes while preserving relationships.

Typical Costs

Mediation costs in Brazil vary by institution and case complexity. Court-annexed mediation costs are typically borne by the parties as fixed by tribunals. Private mediation through institutions like CBMA, CAMARB, CAM, and CAM-CCBC charges fees based on their cost regulations. CBMA has a Costs Regulation for mediation. CAMARB has a Table of Costs and Expenses for mediation. Mediation costs less than a court hearing - while a trained mediator charges for services, the cost is much lower than moving a case through the Brazilian court process. Mediation also takes less time, meaning hourly fees are lower than litigation. Costs are typically shared between parties unless otherwise agreed. The cost savings compared to litigation are significant, with mediation typically resolving disputes more quickly than the slow Brazilian court system.

States and Regions