Audiência Conciliação 3 – Proc. N. 0817492-66.2017.8.12.0001

Summary

In this mediation session, the conciliator, André, introduces the process to the parties involved in a billing dispute. The complainant details an issue where an unexpected charge for an additional phone line was added to their contract, leading to a service blockage. They seek moral damages for the inconvenience caused. The conciliator explains the informal nature of the process, emphasizing communication and negotiation without litigation. The session focuses on reaching a fair agreement, with the option to pursue out-of-court settlements or further mediation. The conciliator stresses confidentiality and impartiality throughout the process.

Takeaways

• 😀 The conciliator's role is to facilitate communication between parties to help reach an agreement, but they remain impartial and do not make judgments.
• 😀 The conciliation procedure is informal and is not about producing evidence or discussing merits; it focuses only on proposals.
• 😀 Attorneys are encouraged to participate because they address any legal doubts that may arise during the process.
• 😀 The conciliator requests that parties avoid interrupting each other during the discussion to prevent confusion and maintain focus.
• 😀 Participants are provided with paper and pens to make notes if they remember something important while another party is speaking.
• 😀 Reaching an agreement during the conciliation process can lead to a judicial homologation, making it enforceable as a legal sentence.
• 😀 If no agreement is reached, the process will continue as usual, and parties may schedule a second conciliation session if needed.
• 😀 Confidentiality is a core principle of conciliation; discussions and notes cannot be used as evidence if the case proceeds further in court.
• 😀 If any part of the conciliation process is recorded, it is only with the participants' consent and remains confidential by default.
• 😀 The conciliator encourages participants to suggest fair agreements themselves, as they may have a clearer view of a possible resolution than the legal teams.
• 😀 At the end of the session, the conciliator thanks the parties for their participation and encourages them to pursue possible out-of-court agreements.

Q & A

What is the primary role of the conciliator in this session?

The conciliator's primary role is to facilitate communication between the parties, ensuring an impartial and productive conversation to help them reach a mutually agreeable solution.

How long is the conciliation session expected to last?

The conciliation session is expected to last for 30 minutes.

What does the conciliator mean by 'the conciliator is impartial'?

This means that the conciliator does not take sides in the dispute. They are not there to judge or decide the outcome, but only to assist in facilitating a resolution between the parties.

Can the parties present evidence during the conciliation session?

No, the conciliation session is informal, and the focus is on negotiating and discussing proposals, not on presenting formal evidence or discussing the merits of the case.

What happens if the parties reach an agreement during the conciliation?

If the parties reach an agreement, it will be homologated by a judge, and it will have the force of an executive title, which means it will have the power of a legal judgment.

What happens if the parties do not reach an agreement in the conciliation session?

If no agreement is reached, the legal process will continue as usual, and the parties may schedule another session if they believe an agreement could be reached at a later time.

What is the principle of confidentiality in this conciliation process?

The principle of confidentiality ensures that all discussions, proposals, and notes made during the session are private and cannot be used against the parties in court, except in the case of specific exceptions where the parties have given consent for the session to be recorded.

What role do lawyers play in this conciliation session?

Lawyers are important in this process as they can offer legal advice to the parties and assist in resolving any legal doubts or questions that arise during the negotiations.

What is the procedure if the parties want to discuss the case with their lawyers privately?

The conciliator provides an opportunity for the parties to step outside the session and consult with their lawyers privately if needed.

Why is the conciliator encouraging the parties to propose solutions during the session?

The conciliator encourages the parties to propose solutions because the goal of conciliation is to help them reach a voluntary and mutually beneficial agreement, which might not always be possible through formal legal procedures.