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ARTICLE · 28 OCTOBER 2015

Amicable Conflict Resolution

The approval of the new Code of Civil Procedure (CPC), which will take effect in March 2016, brings many challenges to be met by those involved in the process.

BrazilLitigation, Mediation & Arbitration

The approval of the new Code of Civil Procedure (CPC), which will take effect in March 2016, brings many challenges to be met by those involved in the process. Marked by an emphasis on rapid solution for disputes, the new legislation includes a number of provisions to achieve this purpose, as the express references to the reasonable duration of the proceedings (by the way, as provided for in the Federal Constitution), the reduced arsenal of remedies available to the parties and the need for processing cases in chronological order, which is not the case in forensic practice today.

Among the measures introduced by the legislator to accelerate adjudication, one that draws great attention is the emphasis on ´amicable conflict resolution´ (Article 3, Paragraph 2). According to the new procedural law, the plaintiff shall, in the complaint, indicate whether or not he is interested in a conciliation or mediation hearing (Article 319, VII), with the defense being filed only

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