ADR in Brazil is a hot issue. The number of courses, events, discussions and debates over the present and future status of mediation is already significant and growing at high rates. For the people who are involved in the field, it looks like mediation booming.

There are reasons for this enthusiasm. The Brazilian Court System may have become an economic bottleneck. Given the slowness of the Brazilian Court System, in theory, there is a demand for quicker, more agile and informal ways of resolving disputes.

The adversarial process built into the Brazilian court system can no longer be the sole or even the preferred way to address disputes. It is expensive, slow and unpredictable. This situation calls (or screams) for the application of ADR. Mediation would seem to be the natural solution to be adopted in most cases.

Additionally, Brazil has already produced a significant number of well-trained mediators, a Code of Ethics following international standards and judges and court staff adequately trained and prepared to identify cases which could be referred to mediation. Despite the theoretically favorable environment, in practice, mediation is still not the preferred way to resolve disputes in Brazil. In fact, mediation in Brazil is adopted in a very small number of cases. Brazil has the need and the means to adopt mediation as a main stream form of dispute resolution, but somehow it has not happened so far.

We were pleased to see the recent launch of the Commercial Mediation Group covered by the Editor’s blogpost last month. So why set up the Group, what are we doing and where is this headed? As for the thinking behind the initiative, the Editor hit the nail on the head. For many years the ‘mediation…

It is a fact of life that lawyers will be involved in many mediations, particularly where they involve litigation matters. Despite initial reluctance to embrace mediation, the tide is turning as Sabine Walsh explains in her posting, Of Turkeys and Christmas – The Role of Lawyers in Mediation. A specialised form of legal practice is…

Our local mediator’s association here in the Northwest of Ireland recently ran a public seminar on mediation and the future of alternative dispute resolution. The two keynote speakers were two very distinguished lawyers, a High Court Judge and a Senior Barrister. As I looked around the room, it struck me just how many lawyers were…

It is not uncommon to hear lawyers speak warmly of mediation in general, but when asked if they would recommend it for a particular case respond that they could not see it working. Related to this, lawyers who have developed well-honed negotiation skills may struggle to see how a mediator could improve on their outcomes….

These days, I don’t go to that many mediation conferences. I haven’t lost my interest or passion for mediation, I just find that the conferences are all full of mediators talking to mediators. And while some of my best friends are mediators, I don’t need a conference to talk to them. The harsh truth is…

I was pleased to read that this year’s ICC Competition went so well. Having hosted the UK Law Student Mediation Competition in Glasgow in November I was first-hand witness to the wholehearted, thoughtful way young mediators throw themselves into this work. They appear unaffected by the scepticism of older lawyers. All of this is very…

This Decree establishes in the French Code of Civil Procedure a Chapter dedicated to the amicable resolution of disputes outside the Courts. Said Decree defines the rules applicable to each of the modes providing for amicable resolution of disputes. The Decree No. 2012-66 (the Decree) mainly enacts rules dealing with certain aspects of mediation in…

I mediated an insurance matter this week and as far as insurance disputes are concerned, never has a truer word been spoken; >Litigants are eager to discuss their cases Reality; the parties tend to withhold information >Mediation will be conducted in joint sessions Reality; the parties prefer private sessions >Mediation will focus on needs and…