TITLE:
Case Study on Economic Benefits in the Use of Business Mediation in Brazil
AUTHORS:
Cristiane Dias Carneiro, Yann Duzert, Rafael Alves de Almeida
KEYWORDS:
Business Mediation, Brazilian Case Studies, Economic Benefits, ADR Brazilian Culture
JOURNAL NAME:
Beijing Law Review,
Vol.13 No.4,
December
30,
2022
ABSTRACT: 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.