Purpose: The purpose of this paper is to examine the current Brazilian scenario for resolving queries, the laws enacted and the participation of lawyers, including the studies they undertake in Brazilian law schools. This paper will focus on the extent of an ADR culture in Brazil analyzing the context of ADR's in Southeastern Brazil (São Paulo, Rio de Janeiro, Espírito Santo and Minas Gerais) after the period of the validity in 2016 of the Brazilian Civil Procedure Code (Law No. 13.105/2015) calling for judicial 1 mediation and stimulating ADR in Brazil up to 2017 (the year of data collection). An exploratory research was done. This study also seeks to 1) present the Southeastern Brazil data on the number of mediation sessions in order to identify the growth in the use of this method and 2) check the knowledge of Brazilian lawyers on the topic of ADR's. A bibliographic and an archival research were carried out followed by three field researches using quantitative methods. The first research was implemented on a total of 621 lawyers who responded through a questionnaire with: two variables focused on individual characteristics of the respondent, five variables on the lawyer's studies in negotiation/ADR, and ten variables on his/her professional activities. This questionnaire was designed to identify how lawyers actually negotiate and should serve to shatter the myth that adversarial bargaining is more effective and less risky than problem-solving. It is important to mention that some
The purpose of this paper is to analyze conflict resolution, through mediation, in three private Brazilian companies and verify the economic benefits obtained in this matter carried out without a judicial decision, that is, through judicial and extrajudicial mediation. In addition, interviews with Legal Directors/Managers were conducted to identify financial aspects. This study aims to verify from a case study in Brazilian companies the economic benefits from business mediation. Three national companies were selected not only for their importance in the Brazilian Alternative Dispute Resolution (ADR) scenario in favor of using mediation but also due to the availability of their Legal Directors/Managers to participate in interviews with the researcher. In this research it was adopted the model of semi-structured interviews. Questions were sent to them by e-mail and complementary information was also gathered by phone calls or in person meetings scheduled during the period of October 23, 2018 through April 26, 2019. The cases analyzed confirmed that there are economic (mainly monetary) benefits in using both types of mediation (judicial and extrajudicial) to resolve business controversies.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.