‎Arbitration, Mediation and Conciliation Lawyer in Brazil

When the parties are not able to resolve a dispute, and the conciliation becomes stagnant, they can resort to other ways to resolve it. The alternatives that exist to manage conflicts range from avoiding conflict to reaching the courts, passing through conciliation, mediation and arbitration. Each of these techniques can be very suitable in terms of conflict and circumstances.

For many people the conciliation, the mediation and the arbitration are just the same, and we would like to clarify that even though they can be complementary techniques, the way of acting and the results of each are very different.

The fundamental principle of conciliation knows what can be done to solve the problem. The conciliation seeks that both parties gain through results that are beneficial to all parties involved. In conciliation, the parties are in contact and use direct dialogue to reach a mutually satisfactory agreement.

It is likely in this intention that all parties gain in what is closer to conciliation and mediation. In the mediation, the parties also get in touch, but this time with an impartial third party, so that they can help them to define the problem, understand the interests of each one and try to reach a satisfactory agreement for the parties. In this conflict resolution technique, mediation specialists try to help those involved so that they understand and thus strengthen broken or deteriorated human relationships.

In the case of the arbitration, we also found a third impartial person, but in this case, it does not seek to help the parties to solve the problem, without having the reason. In the referee, there is only a possible result, a winner and a loser, and the referee is based on objective data and on the rule to impose the solution.

Conciliation, mediation and arbitration are conflict resolution processes in which the parties are subject to voluntarily, they are more agile and economic processes than the courts, but each has specific characteristics for each type of conflict.

ARBITRATION LAWYER IN BRAZIL

Arbitration is a dispute resolution system whereby the parties voluntarily decide to submit the decision of the dispute to a third party, called an arbitrator, who issues a report with effects equivalent to those of a judicial sentence.

The main advantages of this conflict resolution tool are:

Impartiality: The parties themselves are the ones who decide, freely, the institution, headquarters, rules, and the applicable law, among others, to resolve the conflict.

Flexibility: The arbitration allows you to adapt to the needs of the parties and the specific cases of the case that you want to resolve.

Efficiency: Due to the great specialization of the referees, it is guaranteed that they are experts in the matter to be resolved, therefore ensuring a more technical resolute answer.

MEDIATION LAWYER IN BRAZIL

The mediation is a voluntary procedure for resolving disputes where the parties, on their own terms, and with the help of an independent and neutral mediator, attempt to obtain a satisfactory agreement with which to end the dispute. The advantages that lead to the mediation are the following:

Flexibility

High level of execution.

Below the cost of the procedure.

CONCILIATION LAWYER IN BRAZIL

Conciliation is an act of conflict resolution, which can take place as a prior step to the judicial procedure or during the same period, whereby the parties reach an agreement to resolve the dispute that they have between them. This figure has an obligatory nature in the social sphere, where an act of conciliation is required prior to the opening of the judicial procedure.

Conciliation, mediation and arbitration are conflict resolution processes in which the parties are subject to voluntarily, they are more agile and economic processes than the courts, but each has specific characteristics for each type of conflict.

The alternative to trials for better conflict resolution

Alternative dispute resolution methods (ADR) are increasingly taking place in the judicial world, precisely because they make it possible to get out of it. Soon, these alternative modes will no longer be, but on the contrary will constitute an obligatory passage point. certainly, in part, to unclog the courts whose lack of resources contributes to slowing down the outcome of a trial; but not only insofar as the trial increasingly appears as the last outcome, that of the failure of discussion and appeasement.

If the culture of conflict before the courts remains the business of many legal professionals, the firm has on the contrary actively turned to mediation in particular, which corresponds more to its humanist culture and a vision turned towards the multi-otherness of a conflict. Because in reality, each party has its truth and its reasons that must be heard to better resolve a dispute and often be part of the pursuit of social relations.

Before engaging in a long trial with an often-uncertain outcome, the parties have everything to gain and above all nothing to lose by engaging in a process allowing the intervention of a third party such as a mediator to attempt a winning outcome. Winning. The approach is one that makes it possible to obtain a global agreement, not so much with reciprocal concessions but more with mutual advantages, which are the strength of the agreements thus shared.

Mastery of specific techniques of mediation and reasoned conciliation

Several members of the firm's team have already been trained in mediation and its specific techniques, which allow them to be accompanying lawyers

Particularly experienced in assisting their client in the various mediation and conciliation processes. In addition,

At the heart of 21st century justice, mediation is peaceful and long-term justice, restorative for people who can be significantly affected by a conflict. By involving our conciliation, mediation and arbitration lawyers in Brazil, by appointing some of them as mediators, your chances of obtaining a very good agreement within very reasonable or even short deadlines increase.

From the common citizen to large national and international companies, passing through the State, they need to find mechanisms that allow them to solve their conflicts quickly and at low cost.

Conflicts between neighbors, alimony, differences between property owners, investors, and breaches in large infrastructure works are some of the problems that require a third party to help reconcile and achieve a good settlement.

For this reason, alternative conflict resolution methods emerged as a different option to ordinary justice. Arbitration, conciliation in equity and in law, economic insolvency and business mediation, are some of the options that exist.

Arbitration

Efficiency, transparency and procedural economy make arbitration the preferred mechanism for national and international businesspersons. Arbitration or arbitration is an extrajudicial mechanism to resolve a dispute when the parties have previously agreed to do so through an arbitration agreement, that is, a prior agreement so that, in case of conflicts related to the contract, they seek an independent third party, called an arbitrator.

The arbitrator must be a private lawyer, an expert in the subject matter, who has been carefully selected by an Arbitration Court, which has evaluated his resume and his experience in matters such as civil, commercial, administrative, infrastructure, insurance and telecommunications, among others.

After listening to the parties, the arbitrator expresses his decision through an arbitration award, in a period that is usually half or a third of the time that a judicial process takes, and has the same validity as a sentence issued by a judge, it is that is to say, compliance is mandatory, and becomes res judicata (which means that the advanced agreements cannot be debated again through a judicial process or another alternative conflict resolution mechanism).

Characteristics: It is efficient: once the hearings have been held, the maximum time can be up to one year, while in traditional justice a lawsuit can take up to 15 years. It is confidential: nothing that is discussed during the hearings can be disclosed to third parties. It has legal solidity: the arbitration award is recognized before the law as a judicial sentence. It is specialized: The lists of arbitrators are made up of expert lawyers in different areas of law.

Business Mediation LAWYER IN BRAZIL

It is the Mediation for Business Recovery service, which is added to the measures to contribute to the restoration of the economy, and becomes a priority and specialized service tool for businesspersons and merchants.