Conciliation Hearings in Brazil: What to Expect and How to Prepare

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

The conciliation hearing has become the opening stage of most Brazilian civil cases. Understanding its rules, how it differs from mediation, and how to prepare can shape the outcome of the dispute before the evidence phase even begins.

What a conciliation hearing is

A conciliation hearing is a procedural step in which the parties, accompanied by their lawyers, appear before a conciliator or mediator to try to reach a settlement before the case moves forward. In ordinary proceedings, Article 334 of the Code of Civil Procedure (Law No. 13.105/2015) provides that the judge must schedule this hearing right after accepting the initial complaint, whenever the dispute allows for a negotiated resolution.

The meeting usually takes place at a CEJUSC (Judicial Centers for Consensual Dispute Resolution), units attached to the courts and dedicated exclusively to resolving disputes by agreement. As a rule, the parties must attend in person. An unjustified absence may be treated as an act against the dignity of justice and is subject to a fine.

Any settlement reached is put in writing and submitted to the court for approval, at which point it becomes an enforceable judgment. If the parties do not agree, the case proceeds as usual: the deadline for the defendant’s answer begins to run, and the evidence phase follows.

Conciliation and mediation: differences that shape your approach

Although the two terms are often used interchangeably, conciliation and mediation are different processes, and that difference shapes your strategy at the hearing. Conciliation is suited to situations in which the people involved have no significant prior relationship, such as a debt collection or a car accident. In this format, the conciliator plays a more active role and may suggest solutions and point the way toward an agreement.

Mediation, governed by Law No. 13.140/2015, is meant for conflicts in which the parties have an ongoing relationship, such as family, business-partner, or neighbor disputes. The mediator does not propose solutions. Instead, the mediator helps the parties talk so that they can build the answer themselves while preserving their future relationship.

This distinction directly affects how you prepare. In a conciliation, it makes sense to set clear negotiating ranges and financial limits. In a mediation, the focus shifts to underlying interests and to keeping the relationship intact, which calls for more open listening and less rigidity about opening positions.

It is worth noting that labor proceedings work differently. Article 846 of the CLT (Brazil’s Consolidation of Labor Laws) provides for an attempt at conciliation during the initial hearing itself, led by the judge, without the separate structure of the CEJUSC. Anyone litigating in different areas of law should therefore adjust their expectations to the procedure that applies.

As a rule, the parties must attend in person. An unjustified absence may be treated as an act against the dignity of justice and is subject to a fine.

How to prepare for the hearing

Preparation starts with a careful review of the documents that support your claim or defense. Gathering contracts, receipts, messages, and other evidence lets you realistically gauge the strength of your case and the risk of losing in court, both essential when deciding whether a settlement makes sense.

You should set a negotiating range in advance, with an ideal outcome, an acceptable one, and a bottom line below which you will not consider compromising. This clarity prevents impulsive decisions in the heat of the moment and keeps the conversation focused. Advice from a lawyer beforehand is critical, because the lawyer is the one who can assess the legal consequences of each proposal and whether what is agreed can actually be enforced.

Finally, arriving on time, with a cooperative attitude and a willingness to listen, tends to produce better results than a defensive stance. The hearing is not a stage for confrontation. It is a chance to end the dispute faster, at lower cost, and with more certainty than a judgment imposed after years of litigation.

Frequently Asked Questions

Who has to attend the conciliation hearing?

The parties to the case must attend in person, accompanied by their lawyers. A party may instead be represented by an agent or attorney-in-fact with specific authority to negotiate and settle. An unjustified absence may be treated as an act against the dignity of justice, and the absent party may be fined up to two percent of the amount in dispute.

What is the practical difference between conciliation and mediation at the hearing?

In conciliation, the neutral third party may suggest solutions, and the process is suited to parties with no prior relationship. In mediation, the facilitator only guides the conversation without proposing answers, and the process is aimed at ongoing relationships such as family or business partnerships. Knowing which format applies helps each party define its approach and goals for the meeting.

What happens if no agreement is reached at the hearing?

When the parties do not reach an agreement, the case simply moves forward. The defendant’s deadline to file an answer begins, and the ordinary course of the case follows, with an evidence phase and a judgment. A failed attempt at settlement does not harm either party, and negotiations can resume at any later stage of the case.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.