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The use of mediation and other ADR processes in Brazil is quickly expanding, and today’s lawyers need to enhance their mediation and negotiation skills to stay ahead of the competition.
While still in its early stages, mediation is increasingly considered an alternative to arbitration and the court system. This trend occurs as businesses and other stakeholders face the increasing cost of conflict, and the backlog of cases overwhelms both state and federal courts. Disputants in Brazil are searching for alternative ways of resolving conflict, and the opportunities for mediation lawyers in Brazil are expanding.
Mediation is an alternative dispute resolution process that employs a neutral third party to help disputants resolve their disputes in a manner that serves both sides’ interests. Like Conciliation, the Mediation process is an alternative way of resolving disputes outside the judicial process. Unlike Conciliation, the mediators are facilitators of the process, and parties decide what process will be used, if they can reach agreement, and what that agreement will look like. While there is no formal timeline, extrajudicial mediation in Brazil resolves cases much quicker than the traditional judicial process.
An Advogado de Mediação, or mediation lawyer, represents clients in the mediation process. The mediation lawyer plays a critical role in mediation, and their success (and their clients’) depends entirely on understanding the mediation process and their unique role when representing clients.
There are close to 80 million active lawsuits in Brazil today, and with 29 million new cases filed annually, that number will undoubtedly increase.
The average duration of a lawsuit is between 8 to 9 years in state court and 11+ years in federal court.
Mediation clauses are becoming more common in private contracts.
While not mandatory, the Mediation Act in Brazil encourages mediation as a method of dispute resolution, and the courts are starting to require scheduling a mediation or conciliation hearing before lawsuits commence.
The role of the mediation lawyer differs from that of a traditional litigation advocate, and today’s attorneys need to master the skills to help their clients win at mediation.
Navigate Brazil’s Growing ADR Landscape with Confidence!
This EMA/CR Connection course is for lawyers in Brazil who would like to expand their range of professional services to include successfully representing their clients in mediation and expanding their negotiation strategies to work in the mediation process. Lawyers’ strategies for representing clients in negotiation and mediation differ from those traditionally employed by lawyers in a traditional court setting; today’s attorneys must master the skills to help their clients win at mediation. We build on your education and experience as a litigation advocate and help you expand your skills in a new direction…one that will add value for your clients and your legal practice.
EMA’s instructors are expert mediators or mediation advocates with over 25 years of practical experience mediating the most complex disputes. When it comes to mediation and mediation advocacy training… there’s no substitute for hands-on experience. Learn from those who started the mediation profession in the US without needing to leave your home or office.
