ABPI Newsletter - Edition 80 - April 2026
“It is necessary to normalize mediation as one of the elements of dispute resolution strategy,” said attorney Liana Gorberg Valdetaro, mediator and Vice-President of the CBMA (Brazilian Center for Mediation and Arbitration), on April 8, during the event “Windows for mediation in judicial and arbitral proceedings,” organized by CMed (Mediation Chamber) of CSD-ABPI (Dispute Resolution Center). “Once trained and understanding the differences, lawyers will know how to choose the best method for their clients.”
The event, held at ABPI’s office in São Paulo and broadcast online, was moderated by CMed Director Karin Klempp Franco and Deputy Director Marcos Chucralla Blasi.
In her presentation, based on her Master’s thesis completed in 2023, the CBMA Vice-President explained when and how to implement mediation. According to her, the choice of timing may be driven by circumstances of judicial or arbitral proceedings, new information, financial and emotional costs, and the time spent on the dispute. The format may be natural or structured, depending on whether proceedings are suspended, as well as on decisions by judges, arbitrators, or arbitral institutions.
According to the attorney, the mediation window does not consist of prior or pre-procedural mediation, a stepped clause, or the form provided under Article 21, §4 of the Arbitration Law. Rather, it fits within a mixed modes system, allowing the combined use of a consensual method alongside an ongoing adversarial process. “It is a moment during arbitral proceedings or judicial litigation in which the parties assess whether it would be useful to conduct mediation in parallel, without interfering with the ongoing procedure, with or without its suspension,” she explained.