ADR, Business, Commercial Mediation, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.)

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Since 2010, when the Brazilian National Council of Justice (CNJ), the agency that controls and manages the quality of civil services rendered by the Brazilian Judiciary Power, issued Resolution no. 125 , the mediation market in Brazil became considerably more active. This new Public Policy provided instructions on the proper handling of conflicts within the…

ADR, Business, Commercial Mediation, Growth of the Field (Challenges, New Sectors, etc.)

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Despite the beautiful summer sunshine outside the window, the end of holidays always bring us back to the unavoidable reality of the new year: hard work. January is time to go through the large number of data and information that is published every year end, picturing not only the previous year (in this case, 2012),…

ADR, Creativity, Decision making

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Every month I write on the 25th. Today is different. Today is Christmas! Posting during Christmas makes my job even more challenging. Regardless of religion and national boundaries, this period of the year magically turns people into more generous and helpful human beings, which goes well with the overall mediation concept. In addition to the…

ADR, Skills, Social intelligence, Training

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In mediation training and experience are key words that path the way to success. Good mediators must learn to be conscious of their own emotions and to be aware of the emotional reactions of mediation participants to intervene effectively in a conflict. When starting a mediation career one could believe that access to training and…

ADR, ADR Agreements, Confidentiality and Transparency, Dispute Resolution, Uncategorized

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Theories are simplified models of reality. They have the advantage of shedding light on complex subjects through a simplified and understandable set of ideas. Theories help to describe, explain, foresee and control. Some theories can be easily proven and others not proven at all. However, there is a particular field of study, named “Game Theory”,…

ADR, Business, Commercial Mediation, Growth of the Field (Challenges, New Sectors, etc.), Mediation Institutions and Rules, Particular Sectors (e.g. Construction, Banking, etc.), Technology

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The relationship between growth and the combination of knowledge and human capital is no surprise. The economic environment is fast changing and technology driven. The global economy is already what the economists call a knowledge economy, where value increasingly comes from innovation and intellectual property management. No country, region or organization can ignore the challenges…

ADR, Business, Corporate Counsel's View, General, Lawyers, Uncategorized

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Since I was invited to contribute to Kluwer´s Mediation Blog I decided to follow the line of writing about all the possibilities of mediation in the corporate Brazilian market. This month would not be different. I invested a lot of time chasing data and information about the uses of mediation in the Intellectual Property sector….

ADR, Business, Court Procedure and Litigation, Efficiency, Growth of the Field (Challenges, New Sectors, etc.)

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Lack of flexibility is probably one of the most difficult obstacles to resolve any dispute. The absence of flexibility, limits the ability to reach agreements and ultimately makes the courts the only place where the dispute can find any kind of resolution. It is weird, therefore, that countries like Brazil have, in their legal systems,…

Business, Dispute Resolution, Efficiency, Sport, Uncategorized

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Looking beyond the short term, the fun, and the parties, large international sports events are an opportunity for the host country to improve the life of its citizens on a permanent basis. Large sport events may serve as a catalyst for political support around the solution of issues that otherwise might be unaddressed and, therefore,…