Kluwer Mediation Blog

In today’s ever-changing world, the pursuit of social peace and harmony remains a fundamental goal. One of the United Nations’ Sustainable Development Goals (SDGs), Goal 16, specifically focuses on promoting peace, justice, and strong institutions. This goal reflects the global commitment to fostering societies that are just, peaceful and inclusive. In this article, we will explore how mediation serves as a powerful instrument in achieving these objectives, particularly in the Brazilian context.

The Challenge of Violence in Brazil

Brazil, like many other nations, faces the challenge of addressing violence and conflicts within its borders. While the country has made significant progress in various areas, violence persists as a significant issue. Crime rates, disputes, and conflicts often dominate headlines, posing a threat to social cohesion and development.

According with the UNESCOS’s site “Violence is one of the issues that cause the most significant concern in Brazilian society. Rates of violence and lack of security, especially in larger urban areas, have increased in the last couple of decades. Homicides are one of the leading causes of death among men and the main cause of death among youth between 15 and 39 years of age. Black men and women are the most victims of violence.

In addition, even before the COVID-19 pandemic, domestic violence was already one of the most significant human rights violations.”

Mediation: A Path to Inclusive Peace

Mediation offers a path toward inclusive peace. It is a conflict resolution process that empowers individuals to find common ground and reach mutually agreeable solutions. What makes mediation particularly effective is its ability to include multiple perspectives and foster understanding among conflicting parties.

Promoting Inclusion and Diversity

In the light of Goal 16, mediation combines the principles of inclusiveness and diversity. By bringing together individuals from various backgrounds, mediation encourages dialogue, empathy, and collaboration. It provides a place where differences can be acknowledged, respected, and ultimately integrated into positive solutions.

A Real-Life Successful Experience: Fostering Social Peace through Effective Mediation

Just recently our organization has spearheaded a highly successful project in the field of civil liability/tort law, specifically addressing cases of discrimination within major retail stores. These cases have proven to be specially successful, thanks to the implementation of techniques designed to promote emotional support, active listening, and reality checks for the plaintiffs and their legal representatives. As a result, our extrajudicial settlement rate consistently averaged around 80% of the caseload involved.

An overall view of the scope of this project included the following stratetegies:

1) Seeking the resolution of cases (whether pre-litigation or not) involving civil liability through negotiation and/or mediation.

2) Maintaining or enhancing the financial parameters expected and/or used by the retail store where the issue occurred.

3) Fostering an improved corporate image by embracing a human-centered approach. Through dialogue, we were able to approach sensitive points for both parties, thereby facilitating a favourable environment for mutually satisfactory solutions.

4) Recommending potential enhancements to the methods employed by the stores and the training of their employees.

This initiative not only showcases the effectiveness of mediation in addressing complex issues but also highlights the significant positive impact it can have on both the legal landscape and corporate social responsibility. By prioritizing emotional support, active communication, and empathetic solutions, we are not only achieving successful resolutions but also creating a more inclusive and just society.

The Road Ahead: Embracing Mediation for Social Peace

As we look ahead, it becomes clear that mediation has a crucial role to play in fostering social peace in Brazil and elsewhere. To achieve the objectives outlined in Goal 16, it is essential that we promote mediation as a means to resolve conflicts, enhance social inclusiveness , and celebrate diversity.

By expanding the use of mediation, whether in legal cases or community disputes, we contribute to a more just and peaceful society. Mediation empowers individuals, strengthens institutions, and, most importantly, helps us build a world where conflicts are resolved through dialogue, understanding, and cooperation.

All in all, mediation is not just a process; it is a path to social peace and inclusiveness. As we embrace this powerful tool, we take significant steps toward realizing the vision set forth in the United Nations’ SDG 16—a world where peace, justice, and strong institutions prevail. Let us continue to explore and champion mediation as a fundamental instrument for pacification and a brighter future for all.

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