Multiparty Mediation as Solution for Urban Conflicts: A Case Analysis from Brazil

Abstract

Social conflicts are becoming more complex every day and, therefore, the development of alternative forms of conflict resolution is necessary in view of the limited role of the Judiciary. With this, mediation gains more space in Brazil and in the world through the 2019 Singapore Convention on Mediation. Mediation is beneficial in the urban context to stimulate the population’s participation and guarantee legitimacy at different levels of power. It enables public and private convergences, better public interest comprehension about the best way of life in cities and enhanced democratic management due to better dialogue and cooperation with the public administration. Mediation focuses on the interventions’ reasons, the role of those involved in the process, welcoming the urban conflict with its peculiarities. It promotes the constitutional principles of democracy, pacification, solidarity, dignity, autonomy of will, speed and popular participation in the administration of Justice. However, in urban conflicts, which involve public administration and a multiplicity of parts, it is often necessary to apply collective or multiparty mediation. Thus, the article’s main objective is to address the effectiveness of multiparty mediation as a solution to urban conflicts through the analysis of 5 (five) concrete cases mediated at the Judicial Dispute Resolution Centers – CEJUSC of the Rio Grande State Court of Justice of the South in Brazil. In the first step, a theoretical-descriptive analysis of multiparty mediation in Brazil and the mediator’s role is carried out. In a second step, we will perform the analysis of practical cases to reach the appropriate conclusions.

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“…The importance of utilizing mediators who speak the same language (native speakers), have close geographical proximity and possess backgrounds in handling interethnic conflicts has been highlighted (Nasution et al, 2022). Multistakeholder involvement in managing disputes in heterogeneous urban areas has proven effective in Brazil (Ferreira & Severo, 2021). Mediation through communication robots can be highly effective, particularly in dangerous situations (such as hostage situations), intense conflicts (such as ethnic and racial conflicts), and when parties are reluctant to involve a third party (Druckman et al, 2021).…”