We all know that conflicts are part of life and business. Differences arise between partners, suppliers, and clients, especially in long-term contracts. But instead of turning into costly and time-consuming legal battles, these conflicts can become opportunities to re-establish dialogue, preserve relationships, and build effective solutions for the parties.
In this context, mediation stands out for its ability to serve as an effective method of preventing and resolving disputes, since it is not about winning or losing, but about finding an alternative that meets the interests of both parties in a fair and balanced way. By avoiding the judicialization of issues that could be resolved consensually, mediation preserves relationships essential to the business and reduces costs, timeframes, and emotional strain.
In mediation, the parties rely on the assistance of an impartial third party, with no decision-making power, chosen or accepted by them, to help them build consensual solutions to the conflict. The mediator acts as a facilitator of dialogue, without imposing solutions, but creating a safe and structured environment for the parties to develop an understanding of their positions, interests, and responsibilities. In doing so, they gain a more mature perception of the conflict and its consequences, creating consensual solutions that address the actual needs involved.
Despite being guided by informality, mediation has a minimum structure to ensure its effectiveness and safety. Thus, at the beginning of the sessions, the mediator explains the applicable rules—especially regarding confidentiality—and guides the parties through the procedure, ensuring balance and transparency at all stages.
Mediation has its own law, Law 13.140/2015, which governs this method between private parties as a means of dispute resolution, as well as self-composition of conflicts within the public administration. It establishes the principles that guide mediation: impartiality of the mediator, equality between the parties, orality, informality, party autonomy, pursuit of consensus, confidentiality, and good faith (Art. 2 of Law 13.140/2015). These principles guarantee a safe environment in which the parties feel comfortable expressing their interests, perceptions, and possibilities, fostering the emergence of creative and balanced solutions.
Mediation can be applied to disputes involving available rights or unavailable rights that allow settlement, broadening its scope in the business context. For this reason, in cases involving unavailable but negotiable rights, any agreement reached by the parties must be judicially approved, with the Public Prosecutor’s Office being heard (Art. 3, §2 of Law 13.140/2015), ensuring legal certainty to the outcome.
Another important aspect is confidentiality, ensured as both a principle and procedural rule. All information, statements, and documents presented during mediation are confidential with respect to third parties and cannot be used in judicial or arbitral proceedings, except in cases provided by law or with express authorization from the parties (Art. 30 of Law 13.140/2015). This guarantee contributes to an environment of trust, encouraging openness and sincere dialogue during the sessions.
The main objective of mediation can be understood as restoring communication and building a balanced future relationship between the parties, even if it does not result in an immediate agreement. This characteristic makes mediation especially suitable for continuing relationships, such as shareholder agreements, franchise agreements, and long-term supply contracts, in which interpersonal and business ties directly influence the conflict.
In the corporate environment, mediation can prevent unnecessary ruptures, contributing to business continuity and strengthening the institutional image of companies. Its use as a preventive tool, through specific contractual clauses, demonstrates significant corporate maturity in risk management and alignment with trends in responsible governance and the promotion of consensual methods.
And you—have you considered implementing mediation clauses in your contracts to protect your company from future disputes?
NETO, Adolfo Braga. Mediação de conflitos: conceitos e técnicas. In: SALLES, Carlos Alberto de; LORENCINI, Marco Antônio Garcia Lopes; SILVA, Paulo Eduardo Alves da (coords.). Negociação, Mediação, Conciliação e Arbitragem: curso de Métodos Adequados de Solução de Controvérsias. 3. ed. Rio de Janeiro: Forense, 2020.
TARTUCE, Fernanda. Mediação nos Conflitos Civis. 7. ed. Rio de Janeiro: Método, 2024. E-book. p.l. Acesso em: 30 jun. 2025.
CAHALI, Francisco José. Curso de Arbitragem: Mediação, Conciliação e Tribunal Multiportas. 6. ed. São Paulo: Thomson Reuters Brasil, 2018.
