The present Regulation on Ethical and Procedural Mediation Standards (“Regulation”) is mandatory in the Mediation procedures carried out in the MEDIARE Chamber (“Chamber”). The rules of the Code of Ethics for Mediators of the National Council of Mediation and Arbitration Institutions - CONIMA are also applicable. The cases that are part of the Public Administration may be regulated by other rules.

I.1 Mediation is a means of dispute management, of a voluntary, non-adversarial and flexible nature, guided by protagonism and co-authorship (“Mediation”). Its procedure is guided by commitments in good faith, mutual understanding and construction of solutions of mutual benefit and satisfaction, and is conducted by independent and impartial third parties, the mediators. Freedom in the construction of alternatives to controversy is based on the principle of autonomy of the will, respecting ethical principles and norms of public order.

I.2 Conflicts that deal with available or unavailable rights that admit a transaction, involving two or more persons, physical or legal, may be submitted to Mediation.

I.3 In the Chamber, mediators will preferably act in co-mediation, through an interdisciplinary team. The conduct of the dialogue process will be guided by competence and diligence, as well as the independence and impartiality of the mediators in relation to the mediated topic and the mediators, being certain that the Mediation and the information generated in its course are confidential, except for possible stipulations otherwise by mediators and legal exceptions, such as the provisions of article 31 of Law No. 13.140 / 2015 (Mediation Law), which allows mediators to expressly waive the confidentiality of private meetings.

I.4 Mediators will ensure that there is a balance of participation, sufficiency of information and co-authorship of decisions, even suggesting that mediators seek technical and legal information whenever necessary.

II.1 Any capable individual or legal entity regularly constituted and represented can request the Chamber to initiate a Mediation procedure. The request must be made to the Chamber's secretariat, which may offer a Preliminary Information Form for Mediation, to be completed by the interested parties or by a mediator in charge of the initial contact and ratified or rectified by the interested parties.

II.2 The preliminary information provided by the parties will be analyzed by a technical team, who will also conduct the pre-mediation session (“Presentation Session”), expanding the framework of knowledge about the case and the Mediation. The resumes of the mobilized technical team will be available on the Chamber's website, and can also be sent digitally.

III.1 A Chamber mediator will contact the requesting party by phone in order to expand the preliminary information, identify the best way to invite the other parties and to schedule the Presentation Session (which may be more than one, depending on the parties). decide and negotiate). The requesting party and the invited party will participate in the sessions and meetings, and when they are legal entities, they should be present through a legally constituted representative (s) for the Mediation with specific powers for participation and, when so desired, for deliberation. The Presentation Session will be conducted, preferably, by a pair of mediators necessarily composed of at least 01 (one) mediator who is a member of the Chamber's Mediators Panel.

III.2 The Presentation Session and Mediation meetings will be held at a location offered by the Chamber or proposed by consensus by the mediators and agreed with the mediators with reasonable advance. The Presentation session should preferably be joint (with all involved and their legal advisers, if any) and the Mediation meetings can be joint or private.

III.3 Provided there is consensus, mediators may be accompanied by lawyers (or public defenders, as the case may be) and other technical advisers or people they trust, who will also be subject to the commitment to comply with ethical, procedural and confidentiality rules here established or referred to. If one of the parties appears, advised by a lawyer (or public defender, as the case may be) and some other does not, or accompanied by a technical advisor of another nature, the mediator may or may not suspend the procedure, in accordance with the wishes of the parties , until all are duly assisted or assisted.

III.4 In the Presentation Session, information regarding the guiding principles of Mediation, its work procedure and methodology will be provided, clarifying any doubts. Mediators will be invited to provide a description of their perceptions about the facts and to share their expectations.

III.5 The choice of mediators will be up to the parties. If the parties choose to elect an external mediator, it will be necessary for the other mediator of the pair to be a member of the Chamber's Mediators Panel. As the Chamber is responsible for indicating the mediator (s), the principles of specialty and interdisciplinarity will be observed, in addition to the criteria that dimension the complexity of the case (item IV.4). Internal mediators and external mediators must sign a term of adhesion to these Regulations.

III.6 In the event that the mediators wish to appoint a mediator external to the Chamber's Mediators Panel, they must do so by consensus on such an option and on the chosen name, submitting the respective curriculum to the Board of Directors of the Chamber, so that it may ratify or not the choice of external mediator indicated.

III.7 Internal or external mediators to the Chamber's Mediators Panel will preliminarily analyze the case in order to identify its suitability for Mediation, the level of complexity (IV.4) and the convenience of any adjustments to the composition of the team.

III.8 Once the mediators and mediators have defined their participation in the Mediation, each mediator must submit their respective Term of Independence and Impartiality to the Chamber's secretariat and inform them of any fact that may raise doubts about their participation in the Mediation. If a mediator does not accept to participate in the Mediation, he must communicate this fact, in writing, without specifying specific aspects.

III.9 In the event of impediment or unavailability of any mediator for the pre-mediation phase or for the course of the Mediation procedure, it will be replaced based on the same objective criteria that guided the original choice.

III.10 The Mediation activity is very personal, which is why any non-compliance with ethical or procedural rules will be the sole and exclusive responsibility of the mediator. The Chamber's responsibility will be limited to the activities it develops, which are restricted to secretarial support for the Mediation procedure.

III.11 Once the suitability of the method to the case has been confirmed and the adherents' adherence to the terms of the Service Delivery Proposal sent by the Clearinghouse, including the acceptance of the mediators indicated for the case, the Mediation Participation Term will be formalized.

III.12 When Mediation occurs during a judicial or arbitral proceeding, mediators may suggest to mediators that they request the judge or arbitrator to be suspended for a sufficient period of time for the consensual solution of the dispute.

III.13 The mediators and the secretariat of the Chamber will not act as witnesses in an adversarial process that deals with the object of the controversy submitted to Mediation.

III.14 Mediators will ensure compliance with the rules of secrecy (confidentiality) agreed in the Pre-Mediation and Mediation, except as determined by law.

III.15 The meetings recorded in minutes will be made available to the parties by consensual definition in this sense by the mediators.

III.16 Any document presented physically or electronically in the course of the Mediation procedure must be affixed with a confidentiality tag, and it will be returned after the end of the need or convenience of its use or display.

III.17 Except as otherwise agreed with the mediators, the Chamber's secretariat will maintain as documentation of the Mediation procedure, when it is closed or suspended, only an original copy of the Term of Agreement, the Final Term, or the document that registered the suspension, according to the case.

IV.1 The Chamber will maintain a Registration Fee, Administration fee and Mediators' Fees, the terms of which may be revised from time to time. Each Chamber's Thematic Sector has its specificities and the consequent Table of Costs that will be shared with those interested in Pre-mediation. An example table is available on the website.

The Registration Fee corresponds to the cost of mobilizing the Clearinghouse in relation to administrative services in the period between the initial contact made by the requesting party and the signing of the Term of Participation in Mediation by all parties involved.

IV.2 Unless otherwise negotiated with interested parties or the Chamber's liberality, the Registration Fee will be proportional to the complexity of the case, assessed in the Pre-mediation, and will continue to be identified in the Service Delivery Proposal. The parties will define the form of apportionment of the Registration Fee, when joining the Mediation.

IV.3 The Administration Fee will be paid monthly by the mediators starting, even, from the third hour of Pre-mediation, considering the initial assessment of complexity, made based on the Pre-mediation.

IV.4  Mediators' fees will be defined according to the complexity of the case, identified based on objective criteria, among which: number of parties directly and indirectly involved, time of controversy, escalation of the conflict (history and intensity), existence of legal proceedings or arbitration, technical issues, and estimated amounts involved.

IV.5 After the Presentation Session (pre-mediation), the Proposal for the Provision of Services will be sent to the parties, with a view to analysis and possible approval, which will include: (i) the suggestion of the pair of mediators, with their respective qualification; (ii) the preliminary service schedule; and (iii) the ratification or rectification of the values ​​of the Registration Fee and the Administration Fee, possibly estimated in the course of Pre-mediation, and the Mediators' Fees (“Mediation Costs”).

IV.6 As well as the Registration Fee and the Administration Fee, the fees of the mediators will be due according to the percentage of apportionment that is defined by consensus between the parties. In the event that one of the parties is unable to pay the Registration Fee, the Administration Fee and / or the Mediators' Fees, the other party may pay the respective amount in order to keep the Mediation procedure in progress. Mediation may be suspended in the event of failure to pay any Mediation Costs for more than 15 (fifteen) days. After 30 (thirty) days without the actual payment, the Mediation will be automatically closed.

IV.7 For the calculation of the Mediators' Fees, the hours spent by the mediators in conducting joint and / or private meetings will be considered, as well as those dedicated to the eventual elaboration of minutes and minutes of agreement, according to what was negotiated with the parties. Unless canceled 24 (twenty-four) hours in advance (considering business days), there will be a charge for the hours of scheduled meetings - Administration Fee and Fees, even in the event of no-show by the mediator (s) at the meetings. The hours spent on answering calls or exchanging e-mails will be charged by consensual definition with the mediators. In exceptional cases, the remuneration for the hours spent preparing for meetings or for analyzing their performance may also be agreed.

IV.8 Due to the freedom of the Chamber, the Fees referring to the Presentation Session (pre-mediation), if unique and lasting up to two hours, may not be charged. In the case of Mediation of a commercial or corporate nature, the hours spent in the Presentation Session will be charged whenever the dispute has arisen from a contract that contains a Mediation clause, or the mediators formally agree to accept the said charge despite the absence of such clause.

IV.9 Mediators' Fees, generally defined by the Mediation hour criterion allocated by the parties, may be set at a fixed amount, by the percentage incidence on the estimated value of the dispute or other criterion, always previously adjusted with the parties.

IV.10 Unless negotiated separately with the mediators, upon acceptance of the Proposal for Provision of Mediation Services and before the first Mediation meeting, the mediators must pay the Registration and Administration Fees, as well as Fees equivalent to a workload minimum of 05 (five) hours for Mediation cases of low or medium complexity and 10 (ten) hours for Mediation cases of high or very high complexity. If there is no attendance at the first Mediation meeting and discontinuation of the procedure, the amount relating to the Fees will be returned, exclusively. In the event of an hourly charge, the mediators will deposit, with a minimum advance of 48 (forty-eight) working hours, the amounts corresponding to the estimated time for the next meeting (s), as well as any complementary amounts referring to previous meetings, unless otherwise decided. The workload report will be sent monthly by the secretary of the Chamber to the mediators.

IV.11 If the meetings take place outside the city of Rio de Janeiro, values ​​will be added for the travel period (door to door) of the mediator, in the proportion of up to 50% (fifty percent) of the hourly fee negotiated, in addition to the cost. full expenses with transportation, accommodation and food. The amount of these expenses will be anticipated by the mediators in each situation, with a minimum advance of 10 (ten) days, after the estimate presented by the secretariat of the Chamber, and will be justified by the mediators upon presentation of the respective receipts. Any adjustments, the largest or the smallest, will be made monthly by the mediators based on a balance sheet presented by the secretary of the Chamber. In cases where the expenses are part of the taxable income, the respective tax burden will be added to the amount of the expenses. The Clearinghouse may also suggest the advance deposit of an amount in advance of expenses, which is also dealt with in the monthly balance sheet.

IV.12 In the case of fees in a fixed amount or as a percentage of the estimated amount of the dispute, payment shall be made in number and periodicity of installments corresponding to the estimated duration of the Mediation, as provided for in the Mediation Participation Term, with the first installment corresponds to a value of not less than 50% (fifty) percent of the fixed amount or the estimated percentage of the controversy.

IV.13 Mediation closed for any reason (as per item VII below), the Chamber's secretariat will report to the mediators.

V.1 The Mediation Participation Term must contain:

(i) full name, nationality, marital status, profession, number and issuing body of identity, registration with CPF / CNPJ, address with zip code, landline and mobile phones, e-mail and, in the case of a legal person, company name, other corporate qualification data and identification of who will represent it in the Mediation in accordance with the social contract, statute or power of attorney with specific powers for participation (and when desired, of deliberation) that may be presented;

(ii) full name, registration with the professional body, address with zip code, telephone and e-mail address of legal advisors, technical advisors or other trusted persons who participate in the procedure;

(iii) full name, telephone and e-mail of the mediators who will act in the case;

(iv) the confirmation, and possible reservations, of the Mediation participants' commitment to confidentiality, including with respect to the documents contributed, and the registration of the legal prohibition for the professionals involved in the Mediation to act as witnesses in a judicial or arbitral process that deals partially or entirely on the subject of Mediation;

(v) the themes that motivate Mediation;

(vi) estimate of the number, frequency and duration of Mediation meetings;

(vii) the possibility of joint and / or private meetings;

(viii) the place and language of the Mediation;

(ix) if the mediators want to receive a punctual summary and / or a copy of the minutes;

(x) percentages due by the members of the Mediation relating to the Registration Fee, Administration Fee, Mediator's Fees and other types of costs;

(xi) eventual costing of specialists to provide assistance to mediators;

(xii) other relevant information.

V.2 Enough time has elapsed i) to raise awareness of mediators about the benefits of ongoing Mediation (Facilitative Mediation), and ii) so that mediators have built up an accurate technical view of the case, and yet iii) having exhausted efforts to consensual solution, the mediators may, together and as provided for in the Mediation Participation Term or in an addendum thereto, request mediators for a non-binding technical opinion on part or all of the mediated matter (Evaluative Mediation), with a view to having plus that element to consider in your decision-making process. In the case of opting for the opinion, a formal work proposal will be presented by the mediators, with financial values ​​and the deadline for presenting the opinion, guided by the complexity of the matter. After acceptance of the proposal, the evaluation work will begin.

VI.1 The agreements reached in the Mediation may be total or partial, definitive or provisional, and must be transcribed in language appropriate to the understanding of the mediators and their advisers or trusted persons.

VI.2 In the case of partial agreements or interruption of the Mediation procedure, the mediator may assist the mediators to identify a dispute management method that is appropriate to the remaining issues.

VI.3 If the agreement reached preliminarily is provisional, the mediators and their advisors will decide on the validity period and the return date for evaluation and eventual adjustments.

VI.4 When the matter does not require homologation, the mediators may opt for verbal agreements, or for the formalization of the agreement as an extrajudicial contract or executive title, according to their own interest or the guidance of the advisors. In the event that it is not formalized as an extrajudicial enforcement order, the mediators must be aware that the agreement cannot be the object of legal action (monitorial or enforcement).

VI.5 If the mediators request, or the matter demands, the agreements may gain legal language, with the assistance of legal advisors, including for the purposes of judicial ratification. In these cases, mediators must, upon request, be available to help maintain the fidelity of the original text, as prepared jointly with the mediators and advisers.

VI.6 The agreements may contemplate the possibility of supervising (monitoring) their compliance.

The Term of Agreement in Mediation usually contemplates the consensual themes, the commitments assumed by all and meet the details requested by the mediators and advisers, or demanded by the matter.

Closing - Final Mediation Term

VII.1 The Mediation will be terminated by means of a Final Mediation Term entered into by reason of agreement, payment delay greater than that tolerated in this Regulation (as per item IV.6 above), unilateral decision by any of the mediators or unilateral decision by any of the mediators .

VII.2 In the event that the mediators understand that the negotiation has become unproductive or if there is an ethical motivation (in this case, the mediators will not explain the reasons) that makes it impossible to continue the Mediation, the Final Mediation Term should only declare the termination of the procedure and contain the signature or proof of knowledge of the mediators.

VII.3 If any of the mediators decides to end the Mediation procedure, the Final Mediation Term may contain the respective declaration of written will and the formal manifestation of knowledge by the other parties, and any attempt of persuasion by the mediators regarding the continuity of the procedure is forbidden.

VII.4 The partial or global agreement, of a definitive or transitory nature, and its content, may also be included in the Final Mediation Term.

The Final Mediation Term must include the start and end dates of the Mediation and, if requested and so agreed between the participants, a summary of the Mediation Agreement Term.

VIII.1 For research and statistical survey purposes, the Chamber reserves the right to publish quantitative data (number of: adherence / non-adherence to the procedure; total / partial, provisional / definitive agreements; among other possibilities) and qualitative (improvement in the relationship and restoration of the dialogue), in relation to the cases handled, with anonymity regarding the mediators and advisers and confidentiality regarding the merits of the issues dealt with.

VIII.2 The Regulation in force on the date of signature of the respective Term of Participation in Mediation applies to the Mediation procedure. Any gaps in this Regulation may be filled by the mediators together with the mediators, and must be validated by the Board of Directors of the Chamber.

VIII3. The Mediation Agreement and Final Terms will be signed in as many original copies as there are number of mediators, in addition to one copy that will be filed with the Chamber's secretary for 36 (thirty-six) months and will be subsequently discarded.

VIII.4 The Chamber and the mediators will not be responsible for the content of the terms of any agreement or other form of closure of the Mediation, or of its suspension, which result from the deliberation, protagonism and co-authorship of the mediators themselves.

VIII.5  Mediators are prevented, throughout the Mediation procedure and for the term provided by law, after the date of signing the Final Mediation Term or the Mediation Agreement Term, from participating or advising in procedures of any nature related to the matter that was object of the Mediation procedure and that involve any of the mediators, except for the resumption of Mediation. After such period has elapsed and the principle of confidentiality has been preserved, they may participate or advise in proceedings involving any of the mediators provided that such proceedings have no direct or indirect correlation with the previously mediated controversy.

VIII.6 The present Regulation, revised on November 19, 2018, comes into force on the date of its publication on the MEDIARE website, and will be registered in the Registry of Titles and Documents, which can be changed only with express and specific approval. of the Board of Directors of the Chamber.

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