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Mediation and conciliation in Brazil: the Mediation Law, contract clauses, court hearings and settlements with the state

Last verified: 2026-10-27 · Status: Stable

The Mediation Law (Lei nº 13.140 of 2015) covers private and court mediation: a contractual mediation clause obliges the parties to attend the first meeting, a signed settlement is an out of court enforcement title, and limitation is suspended while mediation runs. If the clause is incomplete, the law fills it in, and a party that skips the first meeting bears 50 percent of costs and fees even if it later wins; court mediation must end within 60 days of the first session unless the parties extend it. Most civil lawsuits begin with a mandatory conciliation or mediation hearing, and federal, state and municipal governments can settle disputes, including contract rebalancing claims, through public administration conflict chambers.

USD figures use the Banco Central do Brasil PTAX selling rate of R$5.3346 per US dollar for 27 October 2026. The real moved sharply in late October (R$5.0377 on 23 October and R$5.5007 on 26 October), so conversions are for orientation only.

Key facts

Mediation statute	Lei nº 13.140/2015 Lei nº 13.140/2015, as of 2015-06-26 · in force
Mandatory opening conciliation or mediation hearing in civil cases	Yes, unless both parties opt out or settlement is not allowed CPC art. 334, as of 2015-03-16 · in force
Maximum duration of court mediation from the first session (unless extended by the parties)	60 daysLei nº 13.140/2015 art. 28, as of 2015-06-26 · in force
Share of costs and fees borne by a party that skips the first meeting under a default clause, even if it later wins	50 %Lei nº 13.140/2015 art. 22 § 2 IV, as of 2015-06-26 · in force
Limitation suspended during mediation	Yes Lei nº 13.140/2015 art. 17 sole paragraph, as of 2015-06-26 · in force
Status of a signed mediation settlement	Out of court enforcement title (judicial if court approved) Lei nº 13.140/2015 art. 20, as of 2015-06-26 · in force

The rule

1. Mediation is technical assistance by an impartial third party without power to decide, chosen or accepted by the parties, to help them reach a consensual solution. It is guided by impartiality, equality, orality, informality, party autonomy, search for consensus, confidentiality and good faith. If a contract has a mediation clause the parties must attend the first meeting, but no one is obliged to stay in mediation. It can cover disposable rights and non disposable rights that admit settlement, in whole or in part; settlements on the latter need court approval after hearing the public prosecutor.Lei nº 13.140 of 26 June 2015 (Mediation Law), Arts. 1 sole paragraph, 2 caput and §§ 1 and 2, 3, 2015-06-26 official text · verified 2026-10-27

2. Any person with capacity who has the parties' confidence and is trained may act as an out of court mediator, without joining any professional body. Court mediators must hold a degree obtained at least two years earlier and training from a school recognized by the national judges' school (ENFAM) or the courts, and in court mediation the parties do not need to accept the mediator in advance.Lei nº 13.140 of 26 June 2015, Arts. 9, 11 and 25, 2015-06-26 official text · verified 2026-10-27

3. A contractual mediation clause must set at least: a minimum and maximum period for the first meeting, its place, how the mediator is chosen, and the penalty for not attending; it can instead refer to the rules of a reputable mediation institution. If the clause is incomplete, the law applies default terms: the first meeting is held no earlier than 10 business days and no later than 3 months after the invitation, at a place suited to confidential discussions, with a list of 5 qualified mediators (the first name is deemed accepted if the invited party does not choose), and a party that fails to attend bears 50 percent of the costs and the court awarded fees if it later wins an arbitration or lawsuit on the same subject. In commercial or corporate disputes without a mediation clause, the mediator charges only if the parties sign the initial term and stay voluntarily.
Cost to do it: Mediator fees set by the institution or agreed; in non clause commercial cases, payable only if the parties sign the initial term (art. 22 § 3).
Example: A party that ignored the first meeting and later wins a R$1,000,000 claim, with court fees of 10 percent (R$100,000), must still bear half of the costs and half of those fees, R$50,000 of the fees alone. / Half of the fees is about US$9,373 on a claim of about US$187,455.Lei nº 13.140 of 26 June 2015, Art. 22 caput, § 1, § 2 items I to IV and § 3, 2015-06-26 official text · verified 2026-10-27

4. Mediation is deemed started on the date set for the first meeting, and the limitation period is suspended while it runs. If the parties agreed not to start arbitration or litigation for a period or until a condition, the arbitrator or judge suspends the case accordingly, except for urgent measures needed to avoid loss of a right. Parties already in court or arbitration can also agree to mediate and ask for a suspension, which cannot be appealed and does not prevent urgent measures.Lei nº 13.140 of 26 June 2015, Arts. 16, 17 and 23, 2015-06-26 official text · verified 2026-10-27

5. Everything said or produced in mediation is confidential towards third parties and cannot be used even in arbitration or court, unless the parties decide otherwise or the law requires disclosure; this covers proposals, admissions, acceptances and documents prepared only for the mediation, and evidence obtained in breach is inadmissible. Confidentiality does not cover information about public prosecution crimes and does not remove duties to inform the tax authorities.Lei nº 13.140 of 26 June 2015, Art. 30 caput and §§ 1 to 4, 2015-06-26 official text · verified 2026-10-27

6. Mediation ends with a final term, when a settlement is signed or when further efforts are not justified. A signed settlement in the final term is an out of court enforcement title and, if approved by a court, a judicial one. Court mediation must be concluded within 60 days of the first session unless the parties jointly ask for more time.Lei nº 13.140 of 26 June 2015, Arts. 20 and 28, 2015-06-26 official text · verified 2026-10-27

7. In court, the judge schedules a conciliation or mediation hearing at least 30 days ahead in most civil cases; sessions may continue for up to 2 months from the first one, may be held electronically, require counsel, and a party may send a representative with specific power to settle. Unjustified absence is contempt punished by a fine of up to 2 percent of the economic benefit sought or of the claim value, and any settlement is approved by judgment.
Example: Missing the hearing in a R$1,000,000 case can cost a fine of up to R$20,000. / Up to about US$3,749.Lei nº 13.105 of 16 March 2015 (CPC), Art. 334 caput and §§ 2, 7, 8, 9, 10 and 11, 2015-03-16 official text · verified 2026-10-27

8. The Union, states, Federal District and municipalities may create administrative conflict prevention and resolution chambers in their public attorney offices, with power to examine requests to settle disputes between private parties and public entities, including the economic and financial balance of contracts with the administration. Submission is optional and limited to the cases in each government's regulation; a settlement is an out of court enforcement title, and opening the procedure suspends limitation from the date of the request.Lei nº 13.140 of 26 June 2015, Arts. 32 caput, items II and III, §§ 2, 3 and 5; 34, 2015-06-26 official text · verified 2026-10-27

Item	Default
First meeting	No earlier than 10 business days and no later than 3 months after the invitation
Place	Suitable for confidential information
Mediator	List of 5 names; the first is deemed accepted if the invited party does not choose
No show penalty	Bears 50 percent of costs and court awarded fees if it later wins on the same subject

Default mediation clause terms when the contract is incomplete (Lei nº 13.140 art. 22 § 2).

Worked example

A distribution contract with a Brazilian partner has a mediation clause naming only the institution's rules. The foreign company invites the partner; the first meeting is set under those rules and the limitation period stops while mediation runs (Lei nº 13.140 arts. 17 and 22 § 1). The partner agrees to a payment plan, signed in the final term, which can be executed directly if it defaults (art. 20).
Had the clause been silent on terms and the partner ignored the invitation, then won a later R$1,000,000 (about US$187,455) lawsuit, it would still bear 50 percent of the costs and fees (art. 22 § 2 IV).

Step by step

1. Draft a mediation step with a deadline for the first meeting, place, mediator selection and a no show penalty, or refer to an institution's rules (Lei nº 13.140 art. 22).
2. If you want a standstill before litigation or arbitration, say so expressly; courts and tribunals will enforce it except for urgent relief (art. 23).
3. Send a written invitation with proof of receipt and keep records; limitation stops from the first meeting date (art. 17).
4. Keep mediation documents separate; they cannot be used later (art. 30).
5. Record any agreement in a final term signed by the parties, and seek court approval if you want a judicial title (art. 20).
6. For disputes with government entities, check whether the relevant government has a conflict chamber and whether your matter is in its regulation (art. 32).

Common traps

Ignoring a mediation invitation under a contractual clause; the no show penalty applies even to a party that later wins (art. 22 § 2 IV).
Using statements made in mediation as evidence; they are inadmissible (art. 30 § 2).
Treating the opening court hearing as optional: it is skipped only if both sides opt out, and absence costs up to 2 percent of the claim (CPC art. 334 §§ 4 and 8).
Sending an employee without specific power to settle to the court hearing (CPC art. 334 § 10).

Sources

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