Portuguese 
English 
Spanish 
6 min of reading 
0 comments 
Extrajudicial Path Expands Attempt at Conciliation and Mediation in Conflicts Involving Real Estate, with Sessions Organized in Notary Offices and Conducted by Qualified Professionals. CNJ Norm Defines Rules for the Procedure and Reinforces the Formalization of the Result, with Record of What is Agreed Upon.
Conflicts that block the use of a property, halt construction projects, and delay contracts can be taken to an attempt at conciliation or mediation through extrajudicial services, with sessions held in notary offices and conducted by mediators or conciliators, according to national rules established by the National Justice Council.
The proposal is to allow disputes with potential for agreement to be addressed in an administrative environment, with formal recording of the outcome and without the first action necessarily needing to be a judicial one, which often weighs on expansion projects for warehouses, logistics bases, industrial areas, and ventures related to energy and infrastructure.
In practice, what changes is the initial path for those seeking to resolve a dispute in a documented manner.
-
This small town in Germany created its own currency 24 years ago, today it circulates millions per year, is accepted in over 300 stores, and the German government allowed all of this to happen under one condition.
-
Curitiba is shrinking and is expected to lose 97,000 residents by 2050, while inland cities in Paraná such as Sarandi, Araucária, and Toledo are experiencing accelerated growth that is changing the entire state’s map.
-
Tourists were poisoned on Everest in a million-dollar fraud scheme involving helicopters that diverted over $19 million and shocked international authorities.
-
Hidden beneath the dense forest of the Sierra Nevada, Betoma emerges in a neighbor of Brazil as the greatest archaeological discovery of the century, revealing a colossal ancestral city covering over 18 km², with 8,334 stone structures and the potential to rewrite the history of South American civilizations.
Mediation and Conciliation in Notary Offices for Property Conflicts
Instead of starting with the process, the parties can submit a request for conciliation or mediation to a notarial or registration service, which organizes the session, provides the structure for the meeting, and observes the requirements set forth in the applicable rules.
The topic gained national significance with the National Code of Standards for Extrajudicial Notarial Services from the National Justice Inspectorate, which regulates conciliation and mediation in notarial and registration services, including rules on requests, sessions, and referrals when necessary.
The regulation also aligns with the Mediation Law, which provides for the conclusion of the procedure with the drafting of a final document and establishes the legal value of the agreement reached at this stage, within the legal criteria.
Property, Energy, and Infrastructure: Why the Impasse Halts Projects
For companies and owners of productive real estate assets, interest typically arises when the impasse is not in the existence of rights, but in the difficulty of aligning versions, documents, and expectations.
Disagreements over boundaries, easements, truck access, use of common areas in industrial condominiums, responsibilities for maintaining internal roads, cost sharing, deadlines for vacating rental contracts, conflicts regarding improvements, and contractual disputes in leasing operations are examples of situations that can turn into lengthy litigation when there is no formal channel for assisted negotiation.
Mediation and conciliation, in these cases, do not replace the need for evidence or judicial decision when there is an irreconcilable conflict, but function as a structured attempt at resolution, conducted by an impartial third party and with a record of what is agreed upon.
Registered Mediators and CNJ Rules
A relevant feature of the regulated model is the possibility for the participation of external mediators and conciliators, provided that the requirements established by CNJ guidance are observed.
In a decision released by the Council, notary offices can hire registered mediators and conciliators from the Permanent Center for Consensus-Based Conflict Resolution Methods, Nupemec, of the competent courts, which broadens access to professionals already linked to institutional standards for mediation and conciliation.
This structure helps to bring the extrajudicial process closer to established practices in the Judiciary, without confusing the spheres.
The notary office provides the structure and formal record of the acts of the procedure, while the conduct of the dialogue, using specific mediation techniques, is the responsibility of the qualified professional, respecting the applicable rules and the nature of the conflict presented.
Request, Sessions, and Structure of the Extrajudicial Procedure
The way in which the procedure starts is also relevant for the security of the process.
The National Code of Standards provides that the request for conciliation or mediation can be directed to notarial or registration services according to their competencies, and establishes that the offices should maintain reserved space for holding sessions during public service hours, reinforcing the formal and organized nature of the service.
When the matter involves property with high economic impact, such as land for industrial unit implementation, logistics support areas, or operational bases, the predictability of the process and the documentation of what has been discussed tend to be central points for the parties.
In business operations, the cost of a conflict does not appear only in the dispute itself but in delays in licenses, non-compliance with schedules, and insecurity for creditors and investors who demand clarity regarding possession, use, and contractual obligations.
That is why the formalized agreement is often treated as an asset for legal security.
Final Document and Extrajudicial Enforcement Title
The final document drawn up at the end of mediation, when there is an agreement, has a specific treatment under the Mediation Law.
The norm provides that the procedure ends with the drafting of the final document and, in the case of an agreement being reached, this document constitutes extrajudicial enforcement title, which means that the commitment made has its own legal force for collection and enforcement, according to the applicable procedural rules.
This point is often confused with the idea of “dispensing with a judge” in any situation, but the dynamics are more precise.
What the law allows is for the agreement formalized in extrajudicial mediation to have defined legal efficacy, reducing the need for a new stage solely to recognize that there was consensus between the parties.
Nevertheless, the procedure requires voluntary adherence to dialogue and does not transform mediation into a shortcut to impose obligations on those who do not agree.
When the Case Goes to the Judiciary
The usefulness of the mechanism, therefore, depends on the profile of the conflict and the behavior of the parties.
There are disputes in which the controversy involves contractual interpretation and value calculations but does not require discussion about ownership or possession, and in these cases, mediation tends to be sought to avoid escalation of litigation.
In other scenarios, the issue is more sensitive, such as serious disagreements over ownership or objective resistance to fulfilling obligations, and the extrajudicial attempt may not progress, keeping the judicial route open when there is no consensus.
Asset Governance and Coexistence in Industrial Condominiums
In the daily operations of productive properties, mediation can also be used as a governance tool.
Industrial condominiums, logistics parks, and infrastructure ventures typically operate with contracts and internal regulations that multiply over time, increasing the risk of coexistence conflicts, circulation issues, and liability for damages.
A mediated session can help record practical commitments, such as rules for the use of common areas, construction schedules, cost-sharing for maintenance, and operational adjustments, as long as everything is within what the law allows as a subject of mediation and transaction.
The CNJ also addresses what happens when there is a need for judicial control.
The National Code of Standards provides for situations where the notary office sends the conciliation or mediation document and the documents that supported the procedure to the competent court for analysis of homologation when necessary, preserving the separation of functions and judicial oversight in situations that require judicial endorsement.
Looking at the practical impact, mediation and conciliation in notary offices tend to attract attention for a simple reason: they bring the solution to the conflict closer to where many acts of asset management already take place, such as registrations, annotations, and formalizations of documents, without altering the legal requirements for validity and security.
When the dispute arises around a property linked to production, logistics, or energy, any instrument that reduces the time of blockage of the asset tends to be considered, especially if there is a formal path to register the agreement with clarity of obligations and deadlines.
In conflicts involving property, contracts, and operations, what type of impasse do you consider most difficult to resolve without a formal negotiation table and a well-documented final document?
-
Uma pessoa reagiu a isso.