Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
Dispute Prevention & Pre-Litigation focuses on resolving conflicts before formal court actions are filed. In Brazil, there is a strong emphasis on conciliation, mediation and arbitration as alternatives to litigation. These processes aim to save time, reduce court backlogs and preserve business or personal relationships when possible.
The Brazilian legal framework incentivizes early problem solving through formal pre-litigation steps. The Civil Procedure Code (CPC) of 2015 promotes pre-litigation efforts such as mediation and conciliation at early stages of a dispute. This helps parties reach a shared solution without entering the judiciary, or narrows the issues before court if litigation is unavoidable.
Two pivotal pillars are the Law on Mediation and the Arbitration Act: mediation is supported by dedicated statutes and rules, while arbitration offers a private forum for dispute resolution governed by contract clauses. A licensed attorney can help tailor your strategy to your contract terms and the applicable rules. Engaging legal counsel early ensures your rights are protected while you explore alternatives to litigation.
Lei 13.105 de 16 de março de 2015 - o novo CPC incentiva a solução consensual de conflitos por meio de conciliação, mediação e arbitragem.
Lei 13.140 de 26 de junho de 2015 - institui a mediação como instrumento de resolução de conflitos em todo o território nacional.
Think about these concrete scenarios where a dispute prevention or pre-litigation lawyer adds real value in Brazil.
Para entender a base legal da prevenção de disputas e da pré-litigação, observe estas leis e normas-chave que regulam a mediação, arbitragem e procedimentos civis no Brasil.
Pre-litigation involves attempts to resolve a dispute before filing a lawsuit. It includes notice letters, negotiation, mediation, and arbitration options. These steps can reduce time and costs and preserve business relationships.
Consult a lawyer who specializes in dispute prevention. Your attorney drafts a clear demand letter, assesses contract clauses, and guides you through mediation or arbitration options. This initial step often happens within 1-3 weeks after hiring.
In many cases you may proceed directly to court, but mediation and conciliation are frequently encouraged or required by court rules. An attorney can determine the best path depending on your contract and the dispute type.
Cost varies by complexity and location. Expect attorney fees for drafting documents, arranging mediations, and potential mediator fees. Some public mediation centers offer low or no-cost sessions.
Initial notification and response can take 1-3 weeks. A mediation session often occurs within 4-8 weeks, while formal arbitration can extend over several months depending on complexity.
While you can initiate some steps yourself, a lawyer ensures proper drafting of notices, compliance with law, and effective navigation of mediation or arbitration procedures.
Mediation is a voluntary process where a mediator helps parties reach an agreement. Arbitration is a private hearing where an arbitrator makes a binding decision. Contracts often require arbitration instead of court litigation.
Not always mandatory, but many courts require or strongly encourage an attempt at conciliation or mediation before proceeding. The judge may schedule a session at the first hearing.
Collect contracts, amendments, invoices, correspondence, proof of delivery, and any relevant emails or notes. A clear timeline and a list of requested remedies help the lawyer craft effective demand letters.
Yes. Brazil's consumer protection framework supports pre-litigation steps like mediation to resolve issues such as faulty products or service failures before suing.
Typical mediation spans a few weeks to a couple of months, depending on the parties availability and the mediator's schedule. A mediated agreement is binding if formalized in writing.
The principles are the same, but corporate disputes often involve more complex contracts and multiple stakeholders. Companies frequently rely on arbitration clauses to avoid public court proceedings.
These official sources provide guidance and text of the laws discussed above.
Lawzana helps you find the best lawyers and law firms in Brazil through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Dispute Prevention & Pre-Litigation, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in Brazil — quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
Refine your search by selecting a city.
