TJSP provides mediation and conciliation for companies affected by the pandemic

The most appropriate methods for conflict resolution provide benefits to all interested parties, as they are organized in a win-win approach that considers the specific needs of the subjects involved. For business conflicts, there is a notable reduction in costs and wear and tear on the image of corporations participating in projects of this type, in addition to the speed with which a solution is obtained.

The São Paulo Court of Justice (TJ-SP) considered, on the one hand, the effects of the mass judicialization of conflicts involving business contracts and corporate demands directly related to the pandemic and, on the other, the tendency for a significant increase in recovery requests. judicial and extrajudicial, in addition to bankruptcies, showing the judicialization of an economic crisis linked to the pandemic. In this way, conciliation and mediation projects were created, aimed respectively at “business disputes arising from the effects of COVID-19” (Provimento / GC nº 11/2020) and “support for the renegotiation of obligations related to entrepreneurs and business companies, including individual, micro, small and medium size (MEI, ME and EPP) resulting from the effect of COVID-19 ”(Provimento / GC nº 19/2020).

In the area of ​​“business disputes”, the procedure consists of submitting, electronically, by the interested party, a request with the request and the cause of the request, related to the consequences of the pandemic, together with the essential documents, identification of those involved and knowledge of the demand. Then, the conciliation hearing is designated, for a maximum of seven days from the filing of the application, with the parties being summoned by email. If the conciliation is unsuccessful, the conflict is referred to a mediator, chosen by common agreement between the parties, or designated by the magistrate. The conciliation hearing and the mediation session are held electronically, and the minutes are digitally signed at the end.

In the case of “support for the renegotiation of obligations”, the request is submitted by the interested party, assisted by a lawyer, by completing the form provided by the TJ-SP, together with the power of attorney with specific powers to settle and documents that allow the identification of the interested parties, the object of the negotiation and the demand itself.

After receiving the request, a preparatory hearing is scheduled within seven days, which takes place electronically with the participation of a judge, applicant and mediator. In addition, at the discretion of the mediator, mediation sessions may be organized within a maximum of 60 days after the preparatory hearing. At the end, a final hearing is scheduled, in which the agreements eventually concluded between the interested parties during the mediation are approved by sentence.

Wilson Sales Belchior