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Home > Country profiles > Brazil > Articles > Article detail






Let Mediation Be Mediation: Conciliation Versus Mediation in Brazil

Monday, 18th December 2018

"In 1999, I had just returned to Brazil from the United States with a Ph.D. thesis on ADR when a mediator colleague invited me to attend and appraise a mediation session. I was eager to do that and observed, minute by minute, the rich communication interaction between him and the parties. At the end my colleague asked me for comments on the session, which I promptly critiqued. It was fast, beautifully done and effective – except for the fact that it was not a mediation but a conciliation (at least as those terms are understood in Brazil) because the session was focused on a discussion of rights and law between the parties and the intervenor.

And this is what still happens in Brazil. Since mediation began primarily with lawyers, they brought their baggage of rights and laws to mediation sessions, putting aside the principles of the process, such as party control, autonomy, mediator neutrality, etc. This is especially so in what was later institutionalized as “judicial mediation” following the enactment of the Brazilian Mediation Law in 2015."

Read in full:  


Web-link: http://mediationblog.kluwerarbitration.com/2018/12/14/let-mediation-be-mediation...
Language: English
Contact: Maria de Nazareth Serpa


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