Culture of Alternative Dispute Resolution (ADR) in Brazil: An Exploratory Study of Business Mediation from the Theory, Laws and Perception of Lawyers

Abstract

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

Benefícios Econômicos Da Mediação Empresarial No Cenário Brasileiro

“…Contudo, é importante ressaltar que as disciplinas de MASCs não eram obrigatórias nas Faculdades de Direito até o mês de dezembro do ano de 2018 (Portaria Institucional nº 1.351/2018, de 17 de dezembro de 2018), portanto, os advogados não estão familiarizados com elas (Carneiro et al, 2022a). Quanto à segunda barreira, é importante destacar estudos brasileiros no cenário empresarial que demonstram os benefícios econômicos do uso da mediação (Carneiro et al, 2022b).…”