SUSPENSION OF PRESCRIPTION DURING THE MEDIATION PROCEDURE:

ANALYSIS OF THE SOLE PARAGRAPH OF ARTICLE 17 OF LAW 13.140/2015

Abstract

Dispute resolution refers to the diferent ways people can resolve disputes without trial. Common dispute resolution processes include mediation, arbitration, conciliation and negotiation. These processes are confdential, less formal and less stressful than traditional court proceedings. This study was developed with the aim of highlighting the suspension of the statute of limitations during the mediation procedure in accordance with art. 17, sole paragraph, of Law no. 13,140 of 2015. A literature review was carried out. Mediation is a fundamental element in the search for Dispute Resolution, as it is an efective technique in the search for collaboration between those mediated and for efective communication. Acting as a neutral techinique, the mediation process allows confict parties to engage in open dialogue, facilitated by a mediator who encourages debate without imposing decisions. The data collected for the development of this study showed that interrupting the statute of limitations is an essential measure to encourage individuals or companies in confict to seek a non-judicial to resolve their conficts. Mediation places those being mediated in the same space and both have the right to express their feelings and perceptions about the confict, thus, there is a greater chance of overcoming conficts and reaching a resolution with minimal judicial intervention.