The MEDIARE System, composed of three entities - MEDIARE Dialogues, MEDIARE Courses and the MEDIARE Institute - counts on the performance of the Mediators Panel, a multidisciplinary team. These professionals, dedicated to non-adversarial dialogue processes, work in the provision of Mediation services and integrate Thematic Sectors, which foster continuous improvement. 

The evolution of the arts and culture market in general has boosted dissent involving museums, collectors, sponsors, artists, curators, insurance companies, banks and investment funds, auction houses, galleries, restorers, and other actors around the world. circuit, increasingly dynamic.

Mediation is a non-adversarial means of resolving controversies based on dialogue that favors the search for consensus and the strengthening of social and partnership relations, fundamental requirements for the much needed confidence in this market.

In the Art and Culture market, the most common mediated issues have been those that affect the production or conservation of works, sales commissions, collection integrity, expertise, merchandising, image rights, reproductions, placement on the Internet, and a variety of others. .

To deal with these issues, the confidentiality and specialization of mediators, in addition to the speed and flexibility of the procedure, are vital, conferring adequacy and credibility.

For these reasons, Mediation and Facilitation of Dialogues have been considered as especially suitable options for resolving disputes, as they are conducive to address not only the objective aspects involved but also the subjectivities and emotions that this sector arouses.

Activities

Mediation Practice, Facilitating Dialogues and Assisted Negotiation

In Art, Culture and Entertainment, conflicts between market participants can take various forms, and it is advisable to select the solution procedure that is most appropriate among those who prioritize dialogue aiming at consensus and articulation of interests.

Workshops and Coaching

Lectures, seminars and counseling can be interesting, respectively, as knowledge expansion, training and guidance, aiming at preventing or resolving conflicts and can be held at the location of the interested parties or at a neutral location.

Coordinators

Tania Almeida

Tania Almeida

Founding partner and CEO of MEDIARE. Creator of the MEDIARE Institute. Pedagogical coordinator of MEDIARE Teaching and Supervision Programs. Mediation Director and other means of conflict resolution of the National Council of Mediation and Arbitration Institutions (CONIMA). Consultant of the World Bank (World Bank Group) in the Conflict Mediation Sector for Latin America. Accredited Mediator of the Center for Effective Dispute Resolution - CEDR. Advanced Mediator of the Institute for Certification and Training of Lusophone Mediators - ICFML. Member of the staff of Mediators of the International Institute of Prevention & Resolution - CPR and the International Mediation Institute - IMI. Senior Mediator at the Rio de Janeiro State Court of Justice. Participant in the Panel of Mediators of CAM-CCBC, FIESP / CIESP, CAMARB and CBMA, among other Brazilian Chambers. Master in Conflict Mediation. Post-graduated in Neuropsychiatry, Sociology and Business Management. Doctor. Author of “Toolbox in Mediation - practical and theoretical contributions”; coordinator and co-author of “Conflict Mediation: for beginners, practitioners and teachers”. Publishes articles in books, periodicals and websites.

Gilberto Martins de Almeida

Gilberto Martins de Almeida

Member of the MEDIARE Advisory Board. Co-Coordinator of the thematic sectors of Business and Family Societies, at MEDARE. Master in Economic Law from USP. Consultant to the United Nations (UNCITRAL, ITU, WIPO, UNDESA, UNODC) and other international organizations. Professor at PUC / RJ (since 1996), and at other universities, in Brazil and abroad. Founder of Martins de Almeida - Advogados, a firm specialized in corporate law. Founder of the Institute of Law and Technology. Collaborator in the drafting of laws in Brazil (Consumer Code, Software Law, Marco Civil da Internet) and in other countries. Former Legal Executive of IBM, in Brazil and the USA. Author of publications in Brazil and abroad. Instructor of courses on Compliance and Code of Ethics. Member of the Advisory Board of the Cybercrime Research Institute, in Cologne (Germany) and Together against Cybercrime, in Strasbourg (France). Co-Chairman of the Electronic Commerce Committee of the International Chamber of Commerce (CCI) in Brazil. Mediator accepted by the Ministry of Culture. Referee accepted by different entities, in Brazil and abroad.

Curriculum lattes

Our society has experienced a dizzying development process with the intensification of the relationship and dialogue between people and cultures. As a consequence, humanity started to live with the expansion of tensions, antagonisms and conflicts.

In the corporate world, disagreements between directors, managers, partners, employees and suppliers permeate everyday life. In civil life, these disagreements are reproduced in the coexistence generated by cohabitation in the same building or neighborhood, or even in sporadic or permanent contracts with service providers or product suppliers, in trade or in traffic.

Dialogue is no longer the first resource for negotiating differences, giving rise to the strengthening of antagonistic positions. The judicialization of everyday issues gained prominence, with litigation prevailing instead of understanding; compensation instead of restoring relationships.

The conflicts arising from these interactions can be benefited by the facilitators of dialogues and / or mediators. In addition to the diagnosis of the impasses generated by the disagreements, these professionals can assist in the identification of common or complementary interests and in the construction of alternative solutions that aim at mutual benefit. Through dialogue it is possible to clarify points of view, build understandings and restore relationships.

In environments of continued coexistence, such as service providers, the implementation of internal systems to support the sustainability of the dialogue (training and expansion of the controversy system) enables the resolution of disagreements, deadlocks or conflicts in real time, avoiding their escalation , storage or perpetuation, as well as the deterioration of the relationship between sectors, internal customers, enterprise and external customers, preserving productivity and the organizational image.

The effective practice of dialogue has contributed to the harmonious coexistence of consumer relations and the necessary collaborative actions between partners

Activities

Mediation Practice

The role of the mediator as an impartial third party, chosen and hired by all involved, aims to enable listening to different points of view, as well as the choice of solutions of mutual benefit based on consensus, favoring the continuity of consumption and / or partnership relations .

Facilitation of dialogue and support for negotiation

Having greater informality compared to Mediation, but using the same principles and some procedures, the Facilitation of Dialogues can be useful in more difficult moments of negotiation or decision making.

Workshops, seminars and lectures

In a customized way and on demand, teaching programs in company they are designed covering specific themes, such as the productive dialogue with internal and external customers.

Consultancy for the design and implementation of programs aimed at dialogue and dispute resolution

Of a personalized and internal character, aimed at companies and institutions, these programs improve and expand communication and negotiation skills, contributing to the best relationship with internal and external customers and, consequently, to productivity, customer loyalty and preservation of the organizational image.

Coordinators

Edison Balbino

Edison Balbino

Graduated in Law, Post-Graduated in Real Estate Law, Mediated Training in Conflict Mediation, Vice President of the Real Estate Law Commission of IAB, Director of Institutional Relations at ABAMI.

Cristiane Dias

Cristiane Dias

Attorney. Master in Law and Economics. Specialization in Business Law and in State and Regulation Law. ICFML certified mediator. Author of articles on Arbitration and Mediation. Lecturer and Professor of MBA and Postgraduate courses at FGV and PUC-RJ.

Communities usually bring together multiple actors and multiple interests, allied to the need to maintain harmonious coexistence.

The community scenario is diverse in terms of age groups, social, economic, cultural and sanitation conditions, generating public and private demands. In it, issues of different natures coexist: commercial, civil, and coexistence. There are so many and so necessary daily dialogues and daily negotiations between all these actors that conflicts arise in an equivalent proportion and with corresponding diversity.

In the face of so many dissimilarities, it is natural that the direct negotiation of these differences does not, at times, lead to an immediate recovery of fluidity in relations and the prompt construction of agreements after disagreements. The intervention of an impartial third party - mediator or facilitator of dialogues - enables the rescue of direct dialogue and enables the authorship of the parties in decisions, in order to promote the restoration of peaceful coexistence.

Conflict Mediation and Facilitation of Dialogues between multiple parties have shown their benefits as resources for self-composition, consensus building, preventing the escalation of disagreements and building agreements in the community context. The result is an improvement in the collective environment and, ultimately, social transformation.

Using external mediators or those who are part of the community, the number of communities that have benefited from the speed, secrecy and informality provided by Mediation is globally increasing.

By inviting participants of this nature of dialogue to build solutions in which differences are contemplated and can legitimately coexist, Conflict Mediation and Facilitation of Dialogues with multiple actors have been the mechanisms of choice for community issues.

Activities

Practice of Mediation and Facilitation of Dialogues

Based on the training of community agents and representatives in a theoretical conflict mediation and dialogue facilitation course, a supervised practice activity is developed with real cases from the community, aiming at acquiring skills to mediate and facilitate dialogues in the community itself.

Dialogue Facilitation Skills Improvement Workshops - Community Leaders

Conducting workshops in the demanding community itself, using instruments and methodology created especially for the exercise of specific skills to facilitate dialogues.

Consultancy for the design of Dialogue Processes

Aiming to meet unique demands and situations, the planning of customized programs for dialog processes is available.

Construction and joint implementation of self-sustainable community mediation centers

In partnership with movements organized by civil society and through ongoing dialogues involving mutual and complementary interests, a step-by-step process for the development of these nuclei is established.

Coordinators

Rachel Paolino

Rachel Paolino

Lawyer at Nizzo de Moura, specialist in Roman Law and International Contracts at Tor Vergata Roma University. Theoretical module MEDIARE Conflict Mediation Course acting under supervision at CEJUSC Centro / TJRJ and Co-Coordinator of the Communities Sector. Collaborator of the research that resulted in the publication of the book Community Mediation in Brazil: dialogue between concepts and practices.

Vânia Izzo de Abreu

Vânia Izzo de Abreu

Degree in psychology. Senior Mediator of the TJRJ. Family Therapist. Post-graduation in Domestic Violence. MEDIARE Training in Conflict Mediation. Member of the OABRJ Mediation Chamber. Experience in project management in Civil Society organizations.

The experience started in 1998, during the first training course in Conflict Mediation coordinated by MEDIARE, has been expanded with excellence over time.

Courses, seminars and workshops, which took place in Rio de Janeiro and other states of the Federation, focusing on Conflict Mediation and the Expansion of Skills for Dialogue and Conciliatory Practice have been taught to eclectic audiences.

Without restrictions to professions of origin, the training in Conflict Mediation can be articulated with all areas of knowledge and includes a basic theoretical segment with simulated practice and another of practice of real situations with live supervision.

At MEDIARE, the Mediation readiness criterion favors the improvement and acquisition of skills and not just a strict compliance with the hours established for training.

A training program for teachers and supervisors is part of the sector and gives academic sustainability to the staff of its members. Continuing Education runs through MEDIARE training through general and thematic study groups, seminars and workshops periodicals.

Each thematic sector of MEDIARE's activity coordinates a study group dedicated to the themes of the area and articulates with the Teaching Sector, offering specific knowledge for beginners and practitioners of Mediation.

Informative courses on various topics related to the practice and sustainability of the dialogues can also be offered to different audiences, in different contexts.

Based on the customization of all teaching offers, MEDIARE precedes its activities in the area with evaluative interviews that aim to identify the demand, the target audience and the specific objectives of each request.

Institutional or institutional training and courses in company make up the spectrum of action of the teaching sector of MEDIARE, which through simulations complements the theoretical-practical articulation, illustrating specific situations in the daily life of the demanding public.

Activities

Training of mediators

Basic theoretical courses are offered every six months. For those interested in acting as mediators, real-life cases with live supervision are available: Practical Module, made possible by agreements with public institutions and associations. This will take place on demand, after the end of the Theoretical Module.

Courses, lectures, seminars, workshops

With different possibilities of workload and programmatic composition, customized teaching activities are available for specific demands.

Training of teachers and supervisors

Formatted based on the improvement and acquisition of relational, academic and didactic pedagogical skills, this training ensures the excellence of the staff and can be taken to institutions that are interested in the theme.

Coordinators

Wanderley José Jacob

Wanderley José Jacob

Economist (UNICAMP). Trained and certified in Conflict Mediation by MEDIARE. Deputy Coordinator of the Teaching sector at MEDIARE. Extension courses in Transformative Mediation with Joseph Folger and Narrative Mediation with Sara Cobb. Teacher of the discipline Mediation: guiding principles of the linear, transformative and circular narrative schools of the Extension Course in Consensual Means of Conflict Resolution: Mediation and Conciliation - PUC / RJ, Edition2015. He worked in the Human Resources area at a multinational company in the Petroleum segment for over 35 years, responsible for recruitment and selection, personnel department, communication and internal policies, remuneration, training, development and labor relations. Co-author of the book “Conflict Mediation: for beginners, for practitioners and for teachers”. Ed. Juspodivm: São Paulo, 2016.

Tania Almeida

Tania Almeida

Founding partner and CEO of MEDIARE. Creator of the MEDIARE Institute. Pedagogical coordinator of MEDIARE Teaching and Supervision Programs. Mediation Director and other means of conflict resolution of the National Council of Mediation and Arbitration Institutions (CONIMA). Consultant of the World Bank (World Bank Group) in the Conflict Mediation Sector for Latin America. Accredited Mediator of the Center for Effective Dispute Resolution - CEDR. Advanced Mediator of the Institute for Certification and Training of Lusophone Mediators - ICFML. Member of the staff of Mediators of the International Institute of Prevention & Resolution - CPR and the International Mediation Institute - IMI. Senior Mediator at the Rio de Janeiro State Court of Justice. Participant in the Panel of Mediators of CAM-CCBC, FIESP / CIESP, CAMARB and CBMA, among other Brazilian Chambers. Master in Conflict Mediation. Post-graduated in Neuropsychiatry, Sociology and Business Management. Doctor. Author of “Toolbox in Mediation - practical and theoretical contributions”; coordinator and co-author of “Conflict Mediation: for beginners, practitioners and teachers”. Publishes articles in books, periodicals and websites.

The business environment has been diversifying its themes and interpersonal relationships permeated by the speed of change, information technology and the coexistence of different generations. The dialogue that makes it possible to negotiate differences and interests permeates the internal processes of understanding and those aimed at their interfaces with other individuals or legal entities - the stakeholders.

Companies are increasingly focused on the systemic analysis of their governance, aware that they form a network of partnerships that operate in permanent interdependence, through internal and external customers. They know that the quality of their productivity and / or the provision of services depends on the effective maintenance of these partnerships. They are aware of the need for collaborative actions that imply mutual satisfaction as the best resource for the management of countless formal and informal contracts, which can generate disagreements, deadlocks or conflicts.

These contracts integrate a business dynamic increasingly focused on the management of intangible assets - human capital, relationships and image - putting people in the spotlight, the relationship between them, their skills for collaborative actions and for the formation of teams as well as for the adding value to services or products, in addition to preserving the corporate image. Business mergers, growing in the contemporary world, benefit enormously from this care.

In addition to the practice of Mediation between companies and between organizations and their stakeholders, internal systems to support the sustainability of the dialogue can be implemented through training in company, customized for each organization (conflict managment system). They offer the possibility of resolving disagreements, deadlocks or conflicts in real time, avoiding the stock of dissonances that interfere in interpersonal relationships and, consequently, in production and corporate image.

The general objective of these programs is to propitiate a paradigmatic change in the corporate culture regarding the management of controversies, deadlocks or conflicts, inviting the members of the network of stakeholders to resolve their differences through dialogue, using litigation as a last resort.

Activities

Mediation Practice

Assisted negotiation process in which an impartial third party - with technical competence and chosen by the parties - assists in the construction of agreements, with internal and external customers, as well as with partnerships of different natures. The possible reestablishment or improvement of the business relationship between those involved makes Mediation the mechanism of choice for disagreements that occur in relationships whose future preservation is important.

Facilitating Dialogues and Supporting Negotiations

In the presence or the possibility of disagreements in dialogues that involve multiple parties, the Facilitation of Dialogues acts in the identification of common, complementary and divergent interests, aiming at the deconstruction of deadlocks and enabling productive dialogue or the construction of “win-win” solutions. Negotiation support can broker segments of an ongoing negotiation or optimize meetings that include negotiating differences between sectors, people or partnerships.

Thematic Workshops and Seminars in company - training of leaders and dialogues with stakeholders (internal and external customers)

With different possibilities of workload and programmatic composition, teaching activities customized for specific corporate demands are made available.

Consultancy for the design of Dialogue Processes and for the construction of Conflict Management Systems

Mediation and Facilitation of Dialogues working on the integration of existing internal business resources for dispute management.

Mapping and Diagnosis of conflict situations

One-off consultations can focus on potential or already installed conflicts, aiming at the development of Communication and Negotiation Improvement Programs that include resources for conflict prevention and resolution, and for people management.

Coordinators

Manoel Vargas

Manoel Vargas

Founder of Manoel Vargas Advogados. He has been a member and partner of LOBO & IBEAS for 40 years. Concentration and experience in the various areas of corporate, commercial and business law, large business contracts, such as project finance, mergers & acquisitions, EPC and BOT contracts, privatizations, joint ventures, international issues, securitization of receivables, supply contracts, construction and specialized services.
Professor of corporate law at the Law Department of PUC-Rio, teaching commercial law, company theory, corporations and capital markets. Invited professor of specialization programs in business law at PUC-Rio and UERJ (CEPED), teaching public limited companies, capital markets and sophisticated business contracts.
Member of the ICC Brasil Arbitration and Mediation Commission; member of the list of arbitrators of the FGV Chamber of Mediation and Arbitration and CBMA - Brazilian Chamber of Mediation and Arbitration; member of the MEDIARE Institute.

Cátia Tokoro

Cátia Tokoro

Certified independent advisor, mentor and angel investor. She is a member of the innovation committee and coordinator of the IBGC in the RJ chapter. She has 25 years of experience as an executive and c-level at Oi and IBM. Graduated in engineering from PUC-RJ, with an MBA from IBMEC, executive training from Harvard Business School and Singularity University and in mediation from Instituto Mediare.

The complexity of human relations in the environment of a family business is characterized by the coexistence of three dimensions that alone demand attention and care: the family, the joint ownership of assets and rights and the management of the company.

When these relationships are not well structured and with adequate communication, the risk of crises and deterioration of interpersonal communication increases over time. Noises in communication are a natural occurrence due to the increase in the number of family members involved in the business relationship, and also due to the diversity of values ​​and visions experienced, when people who have not previously shared the same sources of family values ​​were introduced.

The Facilitation of Dialogue proves to be an essential element in the construction of references that guide business and family decisions in a clear and precise way, for example:

      1. the negotiations of the shareholders' agreements;
      2. establishing values, mission and common vision for all members;
      3. family protocols that indicate the rules for participation in the management of the company;
      4. family council decisions; and
      5. educational policies for training new generations of entrepreneurs and managers.

In general, any and all family issues that may interfere in business decisions could be the object of facilitating dialogue, due to an eventual conflict.

It is not uncommon, however, that the conflict is already established with repercussions on the results of the family business. In these cases, Mediation proves to be a generator of value insofar as it allows the reestablishment of dialogue, even if it is restricted to business decisions.

Large family businesses eventually create systems of governance and family offices to manage that complexity. Small and medium-sized organizations could take the same care, given the malleability of these concepts, adjustable to all budgets.

Activities

Conflict Mediation

Mediation proves to be an adequate tool for the solution of conflicts that occurred at any time during coexistence, aiming at relational or administrative impasses in the daily life of the family and the company.

Facilitation of Dialogues for topics related to Family Businesses

    • in day-to-day decision-making or in relation to proposals for change in the corporate environment, as is the case with successions: the facilitation of dialogues enables the expression of different ideas and interests, helping to identify and articulate their similarities and negotiate their dissimilarities , aiming at consensus.
    • in the construction of a family governance model - family council, family assembly etc .: the facilitation of dialogues can be a vehicle for this construction insofar as it reconciles the diverse views of family members, respecting the family dynamics, essential for the model governance.
    • in the creation of a normative environment - shareholders' agreements and family protocol: considering that the family normative documents summarize their rules and customs, the facilitation of dialogues presents itself as a practice indicated in the identification of the common elements of the family universe that will constitute both the agreements of family. shareholders, as well as family protocols or constitutions.
    • in creating family offices: at the end of the process of building the governance model and normative documents, many families choose to establish a minimum structure that ensures the observance of the signed agreements - the family office. Facilitating dialogues is a safe way to define the outlines and competencies of this family support body.

Seminars on communication tools, negotiation and skills aimed at leadership

With different possibilities of workload and programmatic composition, customized teaching activities are available for specific demands.

Consultancy in the design of dialogue processes and in the construction of conflict management systems

This practice is intended to identify, improve and expand the existing dispute resolution system, offering, through training, resources based on dialogue and building consensus.

Coordinators

Bruna Fetz

Bruna Fetz

Lawyer and mediator, active in the civil area, focusing on families, companies, family businesses and agribusiness. Specialist in Corporate Law, Agribusiness Law, Environment and Development and in Applied Civil Procedural Law. Member of the OAB Seccional Goiás Conciliation and Mediation Commission, as well as the Special Agribusiness Law Commission of the Rio Verde-GO Subsection.

Luís Henrique Oliveira

Luís Henrique Oliveira

Graduated in Administration, with an MBA in Management and Finance and a Masters (incomplete) in Administration. I worked in the Financial Market and in companies like American Express and Arthur Andersen, acting, for the last 18 years, as director of Family Businesses. Certified in Mediator by CBMA in 2018.

The MEDIARE Skills Program for Dialogue in Schools aims to expand personal resources for dialogue, as well as resources for people and conflict management. Through the improvement of communication and negotiation skills, socio-emotional skills and cooperative attitudes in the coexistence of those who make up the school and university communities - students, parents, teachers, communities, service providers, managers and other employees - one can to offer this universe of differences a more favorable environment for the learning and training of the subjects.

Through lectures, courses, workshops, experiences and consultancies, the Program brings the resources of Conflict Mediation and Restorative Practices to the participants of this universe, in the expectation that they will be incorporated and, consequently, used in all everyday contexts, surpassing school walls and reflecting their benefits in personal life. This has been the growing trend for successful international practices in the educational context.

The methodology used by the MEDIARE Skills Program for Dialogue in Schools is customized for each educational institution, takes into account the particular culture of each establishment and encourages co-authorship in its construction. In this way, the school or university institution will be able to choose programs that are dedicated to the improvement and maintenance of dialogue for its different segments, with language adapted for different age groups and levels of understanding. The sustainability of this learning is also a theme of the methodology used.

With a broad social reach in terms of benefits, the MEDIARE Skills Program for Dialogue in Schools makes it possible in general: (i) to act in a collaborative way, improving the ability to hear and be heard; (ii) learn to manage differences, impasses or conflicts in a positive way; (iii) improving the capacity to create peaceful and mutually beneficial solutions; (iv) use power appropriately: hierarchical, knowledge or otherwise; (v) reduce the level of intra- and extra-class conflict - problems of discipline and incidents of violence; and (vi) improve communication, socio-emotional skills and understanding between all segments of the school universe.

Activities

Conflict Mediation, Facilitation of Dialogue and Facilitation of Restorative Practices

Members of the MEDIARE team may act as mediators or facilitators in situations of conflict between members of the school community (students, teachers, staff, guardians, etc.) or, as facilitators of dialogue in meetings with multiple parties, aiming at understanding or consensus .

Training of School Mediators or Facilitators of Restorative Practices

The MEDIARE team will be able to offer, or design in co-authorship with the institution, customized programs for the training of mediators or facilitators of restorative practices.

Courses, lectures, workshops

With different possibilities of workload and programmatic composition, the team will develop customized teaching activities on topics related to the skills for dialogue, socio-emotional skills, productive communication, conflict and people management, and restorative practices.

Coordinators

Monica Lobo

Monica Lobo

Psychologist and pedagogue with specialization in Psychopedagogy and Family Therapy. Member of the multidisciplinary team of Collaborative Practices acting as a teacher in courses and seminars throughout Brazil. Coordinator of the School Mediation Sector at Mediare, performs consultancy in schools. Co-author of the books “Psicopedagogia um systemic approach”, “Dramatic history – brief therapy for families and therapists”, “Beyond heaven” and “My family and my money”.

Vânia Izzo de Abreu

Vânia Izzo de Abreu

Degree in psychology. Senior Mediator of the TJRJ. Family Therapist. Post-graduation in Domestic Violence. MEDIARE Training in Conflict Mediation. Member of the OABRJ Mediation Chamber. Experience in project management in Civil Society organizations.

Mediation is an especially appropriate and effective tool for handling conflicts arising from relationships that continue over time, especially family ones. It contributes significantly to the reduction of emotional, social and financial costs, by articulating objective and subjective issues during the dialogue process and by guiding the construction of solutions for mutual benefit.

When not legitimated and taken care of in time and satisfactorily, feelings and emotions generate noise in communication, compromising the fluidity of the dialogue and interfering, strongly, in the negotiation of objective questions.

In contexts such as dissolution of marriage or stable union - definitions inherent to the exercise of parental responsibility (“custody”), to the routine of parental-filial coexistence (“visitation”), to the paternal and maternal contributions to the financial maintenance of minor children (“ food ”) - sharing of goods from a conjugal / cohabitation or inheritance society, as well as in matters pertinent to family businesses, Mediation finds fertile ground to sow its social benefits - works, in parallel, the objective questions that are intended to be solved and the preservation of the relationship between those involved in the conflict.

Divorces, deaths and new unions represent changes in family dynamics, giving rise to the need for new arrangements. In these moments, the skillful performance of the mediator, an impartial third party chosen by the parties, specialized in communication and negotiation techniques, can be of great value.

Confidentiality, inherent to the Mediation process, makes it possible to maintain a secure context in which information can flow more freely and subjective aspects can be worked on more widely.

Benefits such as the stimulation of protagonism and co-authorship in the construction of “win-win” agreements, the preservation of the underlying social relationship and the learning of a business model that allows the generation of creative and inclusive solutions make Conflict Mediation the instrument of choice to settle the differences that have family relationships as a scenario.

Activities

Practice of Mediation and Facilitation of Dialogues

Provision of conflict prevention and resolution services for the different themes inherent to the family.

Thematic workshops, lectures and courses

Provision of teaching activities related to the family area, with different possibilities of workload and program content.

Consultancy for the design of Dialogue Processes

Conducting evaluative interviews and proposing the development of dialogue and / or conflict management processes.

Specialization Course in Family Mediation

Conducting courses in order to provide specialized knowledge and expand the skills of mediators in the area.

Coordinators

Renata Cantalice Fonkert

Renata Cantalice Fonkert

Degree in psychology. Senior Mediator of the TJRJ and Mediation Commission of the OAB / RJ. Specialization in Family Conflict Mediation and Couple Therapy. MEDIARE Training and Fundación Interfas in Conflict Mediation. Training in Collaborative Practices in Family Law.

Leila Amboni

Leila Amboni

Conflict Mediator formed by MEDIARE. Lawyer graduated from UERJ and trained in Collaborative Practices. Post-graduated in State Law and Regulation from FGV. Coordinator of the Mediation Center of the Postinho de Saúde Network and of the Family and Succession Sector at MEDIARE.

Collaborative Practices (CP) consist of a non-adversarial method of dispute resolution, based on the refusal of litigation and based on dialogue aimed at consensus and mutual benefit, as well as in the search for sustainable and feasible agreements. Applicable to conflicts of a family, civil and business nature, they have collaboration, good faith and the maintenance of the parties' autonomy as a scenario.

PCs were initially devised by an American family lawyer in the 80s, Stuart Webb, dissatisfied with his litigation routine, as he saw the devastating effects of lawsuits on the entire family system, even in cases where his clients had success in their claims.

Later, Peggy Thompson - a North American psychologist - expanded Webb's idea and included, when necessary, the participation of health professionals (psychologists, social workers, child therapists and others), with a view to expanding the spectrum of conflict treatment. The participation of financial consultants, if necessary, occurred next, thus forming a multidisciplinary team.

This innovative idea of ​​conflict management has been widespread in our country since 2011, and was strengthened with the award for the work authored by lawyer Olivia Fürst, entitled “Collaborative Practices in Family Law”, by the Innovare 2013 Award.

In the application of Collaborative Practices, each party will be assisted by a lawyer who will assume the commitment of non-litigation, signing a term indicating this option; patrons are thus prevented from sponsoring a lawsuit on the issue that is the subject of the collaborative pact. In addition to the non-litigation pact, all participants in the procedure (lawyers and parties) sign a confidentiality agreement.

With the choice of Collaborative Practices, lawyers and clients no longer represent mutual threats and start to act in partnership, aiming at forming a collaborative and confidential environment provided by the application of Mediation tools with the essence of Advocacy.

Notably in the resolution of controversies related to the family, if necessary, each party can be assisted by a coach (health professionals - psychologists, social workers and therapists), who will provide all the emotional support in dealing with the pains of this process and in the family reconstruction, offering communication and negotiation tools useful to the collaborative process, so that those involved always have a prospective view.

With regard to civil or business conflict management practices, collaborative lawyers and other professionals who have specific knowledge about the issue to be addressed can form a multidisciplinary team, which will work together and in partnership to design a solution optimized.

Through the maintenance of study groups, MEDIARE encourages and supports the use of Collaborative Practices, stimulating the training and continued study of the professionals who dedicate themselves to it.

Of great social reach, these practices foster consensus, enabling, in parallel, the restoration of dialogue and the maintenance of social relations.

 Watch the video: Collaborative Practices in Family Law

Activities

Study Groups in Collaborative Practices 

Bimonthly meetings. The group is dedicated to the study and debate of bibliography related to Collaborative Practices in Family Law. Aimed at professionals in the legal, mental health and finance areas, it is open to the public.

Working Group on Collaborative Practices

Group whose purpose is to act in an interdisciplinary way in real cases, promoting analysis and exchange of experiences. Requirements: (i) have training in Collaborative Practices; (ii) attend the Study Group; and (iii) maintaining attendance in both groups.

Coordinators

Natalie Winter

Natalie Winter

Izabel Ramos

Izabel Ramos

Lawyer (Law Puc-Rio). Post-graduated in Family and Succession Law (Puc-Rio). Mediator (Graduated from Instituto Mediare). Training in Family Mediation (Puc-Rio). Trained in Collaborative Practices (IBPC). Coordinator of Mediare's Collaborative Practices Sector. Member of the IBPC Diversity and Inclusion Commission. Voluntary mediator at the Public Defender's Office of the State of Rio de Janeiro.

Restorative Practices have their origin and inspiration in Restorative Justice, which came, among other purposes, to oppose the state monopoly of criminal justice, retributive and based on punishment.

Restorative Practices went beyond the scope that served as inspiration, and although they do not have a standard conceptual definition, there is a consensus that this is a method that collectively allows, through dialogue and creative processes, solutions to be built participatory, where all those directly or indirectly involved respect each other and recognize each other as similar.

Including procedures in a preventive or reactive way, with the objective of building safe and healthy living contexts in different areas, such as school, family, community, organizational, including in companies, Restorative Practices has become a great ally in the success of relationships interpersonal.

Based on dialogue, commitment, respect, voluntariness, empowerment, confidentiality, honesty, solidarity, authenticity, and co-responsibility, Restorative Practices have, as a natural consequence, a positive connection between people.

Coordinators

Cristina Danielle Pinto Lobato

Cristina Danielle Pinto Lobato

ICFML Certified Mediator. Lawyer graduated from UERJ. Master's student in Cultural Goods and Social Projects at FGV. Specialization in Mediation and Appropriate Conflict Resolution Methods by IUPERJ and in Civil, Business Law and Civil Procedure by UVA.

Ana Carla Safadi

Ana Carla Safadi

Collaborative Lawyer with training carried out in accordance with the rules of the International Academy of Collaborative Professionals (International Academy of Collaborative Professionals - IACP). Judicial and extrajudicial mediator trained by Mediare and the Rio de Janeiro School of Magistrates (EMERJ). Postgraduate in Mediation with emphasis on family. Formation and improvement in School Mediation in Buenos Aires by APEP (Programs of studies of postgrado asociacion civil). Trained in Restorative Practices by the International Institute for Restorative Practices - IIRP, by the Community Laboratory, by the University of Porto and in a Family Group Conference (CDHEP - Center for Human Rights and Popular Education). Bachelor in Social Communication.

The dialogues motivated by conflicts or divergences in the health area are complex because they involve multiple parties with interests that are sometimes dissonant. If we consider, in a simplified way, a dialogue between the three main actors in this area - patient / family, medical establishment / service providers and insurance entities - at least three types of discourse will be seated at the negotiating table: the affective, the technical and the financial.

Also taking into account the network of stakeholders connected to the structure of medical service provision establishments, hospital units, consulting rooms and insurance entities - suppliers, contractors, employees and external customers, among others -, we can identify an uncountable number of interactions and formal and informal contracts that can generate conflicts in each of these segments.

This web of participants that enables the provision of services in the health area manages numerous manifestations of dissatisfaction, judicial and non-judicial complaints, in addition to compromising the image of health establishments, as well as the relationship with customers.

Conflict Mediation and Facilitation of Dialogues in the area of ​​health are a reality in other countries and now also in Brazil. The mediators and facilitators of dialogues working in this field are also professionals in the field, with expertise in communication and negotiation and holders of specific knowledge on medical and related issues.

Both internal dialogues with entities in the medical field and those between professionals and clients, and between institutions, insurance companies, clients and other interested parties can benefit from the speed and confidentiality of the resolutions arising from the dialogue promoted by Mediation. All cases in which the maintenance of relations between the people involved is prioritized and which may dispense with the legal view and the production of evidence may have in Mediation and Facilitation of Dialogues the ideal scenario for the construction of agreements that contemplate mutual interests and produce the satisfaction of all parties involved.

The benefits of bringing disagreements over conflicts in the health area are numerous: the preservation of the image of the entities involved, the construction of customized solutions of mutual benefit (win-win), secrecy and speed in the creation of solutions, the reduction of financial and emotional costs, as well as the preservation and improvement of the relationship of the different parties involved, individuals and companies.

Activities

Mediation Practice

The role of the mediator as an impartial third party, chosen and hired by all involved, aims to enable listening to different points of view, as well as the choice of solutions of mutual benefit based on consensus, favoring the continuity of consumption and / or partnership relations .

Facilitation of Dialogues and Support for Negotiation

Having greater informality compared to Mediation, but using the same principles and some procedures, the Facilitation of Dialogues can be useful in negotiations involving this network of natural and legal persons and their disparate interests.

Workshops, Seminars and Lectures

In a customized way and on demand, teaching programs in company they are designed covering specific topics, such as productive dialogue with internal and external customers.

Consultancy for the design and implementation of programs aimed at dialogue and dispute resolution

These programs focus on mapping the dispute settlement system that already exists in hospital units and identifying improvements that can be reflected in improving productivity, customer loyalty and preserving the organizational image.

Courses and training in communication and negotiation

They aim to improve resources to improve communication and interpersonal negotiation between team members and in the relationship with customers.

Coordinators

Shirley Gômara

Shirley Gômara

Conflict Mediator formed by MEDIARE. Physician graduated from UFRJ with a specialization in Pulmonology and postgraduate studies in Occupational Medicine at UERJ Extensive experience as Superintendent of National and International Assistance in a Multinational Company and in Health Insurance Companies.

Mercedes Schumacher

Mercedes Schumacher

Founding partner of the firm Borges e Schumacher Advogados, she works as a collaborative lawyer and mediator in training at Instituto Mediare, focusing on family and succession areas, in private and business contexts. Extensive experience in coordinating an interdisciplinary care program for women, and in conflict management within markets regulated by the Public Administration. Graduated in Law from the University of Vale do Rio dos Sinos / RS, specializing in economic regulation from the Federal University of Rio de Janeiro and in public policy from the University Research Institute of Rio de Janeiro.