Mandatory Conciliation / Mediation Conference Under The New Code Of Civil Procedure

The new Code of Civil Procedure ('New CPC') introduced some innovations to Brazil's procedural system. One of them is the mandatory conciliation or mediation conference set out in article 334 of the New CPC.

Conciliation is a form of dispute resolution conducted by a conciliator, who is an impartial third party. The role of the conciliator is to end the dispute through an agreement. He plays an active role in the resolution of the dispute because he suggests and proposes solutions and also participates in the discussions and in establishing the bases for a settlement with the parties. Therefore, the role of the conciliator is to get the parties to settle the dispute through conciliation.