Pioneering mediation practice prevents judicial disputes and wins CNJ award
A pioneering program of the Mediation and Arbitration Chamber receives recognition from the CNJ for promoting extrajudicial agreements and preserving commercial relationships
The FGV Chamber of Mediation and Arbitration leads a pioneering program in Brazil in antecedent mediation, an initiative that seeks to resolve disputes between parties before the filing of lawsuits. The project was structured for Unimed-Rio, which identified the urgent need to address its cash liabilities and sought a mediation strategy as a way to efficiently deal with its creditors.
The success of the initiative earned the FGV Chamber of Mediation and Arbitration the XV Conciliar é Legal award from the National Council of Justice (CNJ), in the Good Practices in Advocacy category.
The work aimed to promote dialogue between debtors and creditors through the practice of active listening and the presence of an impartial mediator, with the goal of building viable and sustainable solutions for both parties.
The experience of Unimed-Rio has consolidated as an innovative example of the use of antecedent precautionary mediation as a tool for extrajudicial recovery, allowing the company to negotiate directly with its creditors before the filing of a potential judicial request.
In this context, antecedent mediation was used as a preventive and strategic tool, ensuring the confidentiality of negotiations, speed in the construction of agreements, and the preservation of commercial relationships. Through this approach, it was possible to structure a consensual solution that avoided more severe judicial measures, such as traditional judicial recovery, giving more control to the parties over the process and its outcomes.
Among the main advantages of this model are:
- - the reduction of procedural and operational costs;
- - the minimization of reputational risks;
- - the possibility of preserving and even strengthening contractual bonds with suppliers and financial institutions;
- and the construction of tailor-made solutions, with greater flexibility and adaptability to the particularities of each creditor.
With the success of the initiative, the "Antecedent Mediation Program of the Unimed-Rio group," administered by the FGV Chamber of Mediation and Arbitration, was awarded by the National Council of Justice (CNJ) with the XV Conciliar é Legal award, in the Good Practices in Advocacy category. The award recognizes initiatives that strengthen the culture of consensuality in the country.
Photo credit: Rômulo Serpa/Ag.CNJ
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