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Reservations

Brazil ratified the Singapore Convention on Mediation on 6 August 2025, becoming the 19th State Party.
Upon ratification, Brazil made a reservation under Article 8(1)(a) to exclude from the scope of the Convention any settlement agreements to which the Brazilian State or its organs are a party.
The Convention will enter into force for Brazil on 6 February 2026.

Implementing Legislation

As of September 2025, Brazil has not yet issued a Presidential Decree of Promulgation, which is required for the Convention to become effective in the domestic legal order.

  • Legislative approval was previously granted by Legislative Decree No. 181/2025, published on 7 July 2025.
  • The Executive Branch is expected to promulgate the Convention by decree to enable its domestic application by the end of 2025.

Procedure for Enforcing International Mediated Settlement Agreements

Currently, enforcement of mediated settlement agreements in Brazil is governed by domestic Law No. 13,140/2015 (Mediation Law) and the Brazilian Code of Civil Procedure (Law No. 13,105/2015).

  • A settlement agreement reached through mediation and signed by the parties and mediator constitutes an extrajudicial enforceable title.
  • If submitted for judicial homologation, it becomes a judicial enforceable title, equivalent to a court judgment.
  • Under Article 334 of the Civil Procedure Code, courts are required to schedule a conciliation or mediation hearing early in the litigation process, reinforcing the preference for consensual solutions.

Once promulgated domestically, the Singapore Convention will provide a direct procedural avenue for recognition and enforcement of international commercial mediated settlement agreements, subject to Brazil’s reservation excluding agreements involving the State or its organs.

Other National Mediation Laws

Brazil has developed a comprehensive mediation framework, mainly through:

  • CNJ Resolution No. 125/2010 (as amended in 2016): Establishes national policy for judicial mediation, creates the Judicial Centres for Conflict Resolution and Citizenship (CEJUSCs), and maintains a national registry of mediators.
  • Mediation Law (Law No. 13,140/2015): Provides detailed regulation for mediation, applicable to disputes involving both private parties and the public administration. It suspends limitation periods during mediation and enforces settlement agreements as executory titles.
  • Civil Procedure Code (Law No. 13,105/2015)
    Main provisions on mediation are:
    • Art. 334 Establishes mandatory mediation hearings in Civil Procedure Cases. Mandates that judges schedule a conciliation or mediation hearing at the outset of litigation.
    • Chapter X, Art. 694 -697 Reinforcement of mandatory mediation hearing in Family Law courts.

Relevant Parliamentary Debates/Documents

Press Releases