Brazil, Communication, Email, Language, Leaders, Negotiation, Non-violent communication, Online Mediation, Skills, Social intelligence, Social Media, Technology, Trust

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On first of January 2019, Jair Bolsonaro became Brazil’s 38th President. After years of economic, political and even a social crisis in Brazil, the right wing politician has the mission of unifying the country after the most polarized elections in our history. Similarly to what is happening in other parts of the world, the new…

ADR, Communication, Dialogue, Dispute Resolution, Negotiation, Non-violent communication, Online Dispute Resolution (ODR), Online Mediation

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Online negotiators are often faced with the challenge of how to overcome barriers on communication. When in real life (or better, when in non digital life) body language, voice tone and appearance enrich the communication process giving more tools for both communicators to express and understand the message, therefore making any negotiation more fluid and…

Brazil, Dispute Resolution, Efficiency, Online Dispute Resolution (ODR), Online Mediation, Uncategorized

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The arrival of the internet age has posed many new challenges as a larger part of the economy has started to operate online and transnationally with a new emerging framework. After the spread of the global computer network and the rise of online business activities and operations, it became necessary for disputes between contracting parties…

Brazil, Dispute Resolution, Lawyers, lawyers in mediation, Legislation

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Brazil is on its way to making lawyers mandatory on mediation procedures. Last month the House of Representatives approved a bill (PL 5.511/2016) that reads, in a free translation, “it is mandatory the presence of Lawyers in consensual dispute resolution procedures, such as mediation and conciliation”. Now the Senate will analyze the subject before it…

ADR, memory, Memory and Illusions, Perception, Uncategorized

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During a trip to Vienna some time ago, I attended the “ICC Commission on Arbitration and ADR Meeting” where I had the opportunity to hear Toby Landau QC, a brilliant barrister and arbitrator from London, speaking about “Unreliable Recollections, False Memories and Witness Testimony”. He explained that memories are changeable and that experiences from past…

Brazil, Legislation, Uncategorized

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The debate regarding the urgency of modernizing Brazilian labour laws has been going for quite a while, probably dating back to early 80s. Over the last four decades, hundreds of professions have disappeared, thousands have been created and our legislation has remained almost untouched. As some of you may recall, not long ago, I posted…

Business, Decision making, Dispute Resolution, Future of mediation, Negotiation, Online Dispute Resolution (ODR), Online Mediation

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Artificial Intelligence (AI) is unquestionable one of the hottest topics at the moment. At the 2017 International Bar Association Annual Congress, that has just ended in Australia, one of the most recurrent and discussed question was: Will Artificial Intelligence ever be able to replace lawyers or the Law practice as we currently know ? Before…

Brazil, Business, Creativity, Dispute Resolution, Future of mediation, Negotiation, Online Dispute Resolution (ODR), Online Mediation, Uncategorized

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In 2011, a computer gained fame as a celebrity. Its name was Watson*, of IBM. This was right after taking part in a very popular Q&A show on American TV (Jeopardy), in which Watson, with its ability to understand our language using only information recorded in its memory, and working offline, managed to successfully overcome…

ADR, Appointment of Mediators, Brazil, Court Procedure and Litigation, Dispute Resolution, Domestic Courts, harmonisation of mediation law, Lawyers, lawyers in mediation, Mediation Lawyering, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Uncategorized

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As I have proudly published in several articles last year, Brazil has come a long way until it finally managed get its first Mediation Law into force. Find below a brief historic to remember this path: • 2004 – Start of the Judiciary Reform • 2010 – Ordinance No. 125 creates the National Judiciary Policy…