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

(Mediar360 - Dispute Resolution )/ /4 Comments

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…

Business, Dispute Resolution, Efficiency, Enforcement, Growth of the Field (Challenges, New Sectors, etc.), Mediation Practice, Mediation Reforms (Legislation, etc.)

(Mediar360 - Dispute Resolution )/ /1 Comment

One of the most interesting developments in business dispute resolution over the last decade is the way in which different methods of resolution are being harmonized. The EU Directive on Mediation is one example of this phenomenon, as well as several comprehensive early case assessment and conflict management programs rolled out by multinationals across their…