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ETDs @PUC-Rio
Estatística
Título: OPENING MEDIATION WINDOWS IN ARBITRATION AND JUDICIAL PROCEEDINGS
Autor: LIANA GORBERG VALDETARO
Colaborador(es): RONALDO EDUARDO CRAMER VEIGA - Orientador
Catalogação: 20/MAI/2025 Língua(s): PORTUGUESE - BRAZIL
Tipo: TEXT Subtipo: THESIS
Notas: [pt] Todos os dados constantes dos documentos são de inteira responsabilidade de seus autores. Os dados utilizados nas descrições dos documentos estão em conformidade com os sistemas da administração da PUC-Rio.
[en] All data contained in the documents are the sole responsibility of the authors. The data used in the descriptions of the documents are in conformity with the systems of the administration of PUC-Rio.
Referência(s): [pt] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=70500&idi=1
[en] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=70500&idi=2
DOI: https://doi.org/10.17771/PUCRio.acad.70500
Resumo:
The use of extrajudicial dispute resolution methods has long been recognized within the Brazilian legal framework, with particular emphasis on the Arbitration Law (Law No. 9,307/1996), whose constitutionality was affirmed in 2001 and subsequently amended by Law No. 13,129/2015. Among extrajudicial conflict resolution methods, consensual mechanisms gained traction following CNJ Resolution No. 125/2010 and, later, the Mediation Law (Law No. 13,140/2015) and the 2015 Code of Civil Procedure (Law No. 13,105/2015). Among these mechanisms, pre-litigation mediation has gained some prominence, primarily due to the increasing adoption of the med-arb step clause as a means of preventing the formalization of disputes. In this context, much is discussed about pre-litigation mediation, but little attention is given to the use of mediation when a judicial or arbitral proceeding is already underway, as if the choice of a particular dispute resolution method were mutually exclusive and the path of litigation were an irreversible course. The mediation window precisely represents the opportunity to adopt a consensual dispute resolution method within an already established adversarial proceeding. However, considering that mediation is based on the parties willingness and is permitted at any stage of judicial or arbitral proceedings, why is it not widely utilized? The present study seeks to explore why, when, and how to use the mediation window during ongoing judicial and arbitral proceedings. Why pertains to the barriers preventing the use of mediation, which the mediation window can help overcome, given that parties and attorneys are not always open to recalibrating their strategies, strengths, and weaknesses during litigation. When refers to the occurrence of factors such as information, procedural control, outcome suitability, financial and emotional costs, and time, all of which impact the initial success prognosis. How relates to the manner in which institutions (Chambers), arbitrators, and judges can implement the mediation window in practice. These aspects constitute the central focus of the present study.
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