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Dispute Prevention and Pre-Litigation law in Santos, Brazil, focuses on resolving conflicts before formal court litigation begins. In practice, this means using mediation, conciliation and written communications to settle issues between individuals and businesses. In Santos and across São Paulo state, courts encourage or require attempts at amicable resolution as part of civil procedure.
The nationwide framework, anchored by the Civil Procedure Code reforms, prioritizes early settlement and streamlined dispute handling. Courts in Santos typically support CEJUSCs (Centers for Judicial Solution of Conflicts) and private ADR providers to facilitate pre-litigation processes. This approach helps reduce litigation costs and speeds up resolution for local residents and companies.
Key concepts you should know include not only formal mediation or conciliation but also apt-communications such as notificação extrajudicial (extrajudicial notice) and carefully drafted cartas de cobrança or demanda demands. These steps lay the groundwork for a potential settlement without filing a lawsuit. The aim is to preserve relationships while protecting legal rights.
In each scenario, a lawyer acts as the formal point of contact, drafts precise requests, evaluates settlement terms, and records the outcome for potential enforcement if needed. Working with a local attorney also helps ensure that communications align with state practice in São Paulo and do not inadvertently waive rights. This guidance is particularly valuable for small businesses and residents navigating local norms in Santos.
Lei n 13.140/2015 - Lei de Mediação: This law governs mediation and the formal steps toward resolving disputes without a trial. It supports public and private mediation channels, sets guidelines for mediator qualifications, and encourages courts to refer cases to mediation when appropriate.
“A mediação é um meio autocompositivo de solução de conflitos que pode reduzir litígios e custos processuais.”
Fonte: planalto.gov.br - Lei 13.140/2015
Código de Processo Civil - Lei n 13.105/2015: The 2015 CPC reforms established a pre-litigation posture that prioritizes negotiation and settlement. It provides procedural mechanisms for early conciliation, prioritizing non litigious routes and clarifying when and how parties should attempt to resolve disputes prior to filing.
“O CPC 2015 fortalece a conciliação, a mediação e os métodos alternativos de solução de conflitos.”
Fonte: planalto.gov.br - Lei 13.105/2015
Código de Defesa do Consumidor - Lei n 8.078/1990 (compreende etapas de solução de conflitos de consumo, inclusive a possibilidade de conciliação e mediação antes ou durante uma eventual lide). As lojas e prestadores de serviço em Santos costumam responder por meio de mediação para disputas com consumidores.
“O CDC incentiva a solução de conflitos por vias rápidas, com precedência a conciliações.”
Fonte: planalto.gov.br - Lei 8078/1990
Observação sobre cambial local: Santos, sendo parte do estado de São Paulo, aplica as regras acima conforme a prática do TJSP e CEJUSCs regionais. A cidade tem centros de solução de conflitos que operam com apoio do Poder Judiciário estadual, facilitando a mediação de disputas comerciais, imobiliárias e de consumo no nível local. Em termos práticos, a existência de CEJUSCs em Santos facilita o acesso a sessões de pre litígio sem necessidade de advogados para todos os passos, embora a assistência jurídica seja recomendada para negotiate e redigir acordos.
Pre-litigation means trying to resolve a dispute before filing a court case. In Santos this often involves mediation or conciliation sessions through CEJUSCs or private ADR providers, guided by the CPC reforms and the Mediation Law.
Begin by identifying the dispute type and gathering documentation. You or your attorney can request a mediation session at a CEJUSC or with a private mediator, then submit a concise mediation brief outlining the claim and desired outcome.
Mediation is facilitated by a neutral mediator who helps the parties discuss options. Conciliation is typically a more evaluative process where a conciliator may suggest terms to settle the dispute.
Costs vary by provider. Public CEJUSCs often offer low or no cost sessions, while private mediators may charge per hour or per session. Always request a fee schedule beforehand.
Not always mandatory, but a lawyer helps prepare the demand, draft a formal settlement proposal and ensure the agreement is enforceable. Local practice favors legal representation for complex disputes.
Most sessions occur within several weeks of the referral, with the entire process often concluding in 4 to 12 weeks depending on cooperation and dispute complexity.
A termo de conciliação is a formal settlement document approved by the mediator or court. It becomes enforceable like a court decision when the parties sign and the judge endorses it.
Yes, many disputes settle during mediation or conciliation, allowing parties to avoid a formal lawsuit and court costs altogether.
Not all consumer disputes require pre-litigation, but many are channeled through mediation or negotiated settlements as encouraged by the CDC and related laws.
Collect all contracts, invoices, communications, and any relevant witnesses. Your lawyer can draft a clear brief, identify settlement terms, and anticipate counterarguments.
You may proceed to file a lawsuit. A lawyer can help frame the claim and decide whether to pursue alternatives such as arbitration or court action.
Yes, many mediations can be conducted remotely, especially in light of recent court practices. Confirm the modality with the mediator or CEJUSC and ensure documents can be exchanged securely.
Transparency helps settlement prospects, but you should consult your attorney about privileged or sensitive information and what to disclose in negotiations.
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