Extraterritorial validity of the conflict mediation agreement in a private chamber

• Autor(a) principal: Pereira, Edivaldo Alvarenga
• Data de Publicação: 2021
• Outros Autores: Lima, Ana Cristina Freire
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da EMERJ (Online)
• Texto Completo: https://ojs.emerj.com.br/index.php/revistadaemerj/article/view/369
• topic: mediação; conflito; territorialidade; homologação; desjudicialização; mediation; conflict; territoriality; dejudicialization

This article aims to elucidate the extraterritorial validity of the mediation agreement held in a private chamber, regardless of the domicile of the parties or the city where the event occurs. The effectiveness against third parties of private mediation regardless of judicial approval, except when required by law, and it remains to be seen which competent court. The Mediation Law, 13,140 / 2015, in its article 3, paragraph 2, determines that agreements that deal with unavailable rights, id est, but which can be negotiated or compromised, must be approved by the competent judges and pass the scrutiny of the Public Ministry . However, the Law refrains from informing which is this competent court. The tendency is for such conflicts to be dismissed, as determined by § 3, article 3, of the Brazilian Code of Civil Procedure, being referred to the Municipal Chambers of mediation to resolve the dispute. What gives legal certainty to the parties is the term of the mediation agreement, and not the place of its approval.