CNJ publishes Resolution 358 for online mediation and conciliation

Giulia Keese Montanhesi
Lawyer at Marcos Martins Advogados

On December 2, 2020, Resolution No. 358 was issued by the National Council of Justice (CNJ), which regulates the creation of technological solutions for the resolution of conflicts by the Judiciary through conciliation and mediation, called SIREC.

The CNJ approved the normative act at its 322nd Ordinary Session, held on 24/11/2020, in which several councilors participated telephonically.

SIREC is a tool that accompanies other advances in the field, such as the implementation of 100% digital courts, and allows alternative means of dispute resolution to take place in virtual environments, hosted by state courts.

Under the terms of the resolution, the courts must, within 18 (eighteen) months, provide a computerized system for resolving conflicts through conciliation and mediation, which will be monitored and supervised by the CNJ.

The measure can be likened to ODR (Online Dispute Resolution), already widely used in Brazil and other countries, which has become even more necessary due to the social distancing caused by the Coronavirus pandemic.

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