Ever since I started Law School, and for some years throughout my legal career, I was trained to work with the Win-Lose negotiation approach. Our legal culture glorifies the winners, but lacks conciliation alternatives. It provides no other alternative rather than seeking victory at the expense of the other parties. However, as soon as I…
“If we listen attentively, we shall hear amid the uproar of empires and nations, the faint fluttering of wings, the gentle stirring of life and hope. Some say this hope lies in a nation, others,in a man. I believe, rather, that it is awakened, revived, nourished by millions of solitary individuals whose deeds and words…
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…
My son loves Nanny McPhee. For those who don’t have children, it is a lovely British movie with Emma Thompson , adapted from Christianna Brand’s “Nurse Matilda” books. It goes more or less like this: In 19th century England, a widowed man has seven children who have had a series of seventeen nannies, whom they…
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),…
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…
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…
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”,…
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…
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….
