Edition nº 16
Solutions for the future
Reference to international arbitration and mediation, Canadian lawyer highlights the upcoming trends in the area and positions
Brazil as one of the worlds main centers of these methods.
President of the Stitt Feld Handy Group and the ADR Chambers, the Canadian lawyer Allan Stitt accumulates important specialties in his professional history. Mediator, referee, a business consultant and specialist in Alternative Dispute Resolution are just some of them. Today, Stitt also serves as deputy professor at the University of Toronto Law School, in the Negotiation and Alternative Dispute Resolution course, in addition to being a NAFTA Advisory Committee on Private Commercial member, the International Mediation Institute Independent Standards Commission and mediate cases involving two or multiple parties, including trade issues, government, banking, personal, sports and contractual. Stitt also is the author of books ADR For Organizations (1998), Mediating Commercial dispute (2003) and Mediation: A Practical Guide (2004). His knowledge could be shared with the Commerce Brazil-Canada Chamber (CBCC) Center Arbitration referee body, during his recent visit to Brazil, when it granted an interview to the magazine Brazil-Canada:
Brazil-Canada - Arbitration and mediation have gained recognition in Brazil. How do you see these resources development in the world?
Allan Stitt – The arbitration growth in the next ten years is related to a vision change, which is a fast alternative to the dispute which differs from litigation. Today, the parties want to process faster and cheaper. Here’s the advantage of mediation, as cases that would have on average three months' duration will be solved in just three days. This method, in turn, won major repercussions in Canada and the United States, to the extent that lawyers are unable to imagine a procedural step that can not use it.
BC-How is the mediation positioned
AS- Mediation is mandatory in many Canadian jurisdictions. Initially, the lawyers believed that mediation generated additional costs and extra time in their application, but they discovered that the disputes were resolved with agility. Therefore, mediation is well used in almost all types of disputes in the country.
BC- In your opinion, how the CBCC Arbitration and Mediation has contributed to spreading the efficiency of mediation and arbitration?
AS- The CBCC Arbitration and Mediation has been in a really fantastic position.
That's because it has a respectable referee body, committed to spreading the benefits of arbitration and mediation in the country, significantly expanding its application. Thus, the only institution tends to grow. The Center has registered an increase in the number of commercial arbitrations as a result of the quality of its management and its referees. It also noted strong interest in mediation, an area in which the body can lead and
offer a service of the highest quality in Brazil, as it does in arbitration.
BC- Do you believe that Brazil will still be one of the ADR international major centers?
AS- Brazil is already one of the leading countries in arbitration, getting international recognition for both.
To become an ADR international center, it only needs to make the same leap in the numbers of mediation.
BC- What are the mediation advantages in conflict resolution and in what ways it is used in Canada?
AS- The advantages of mediation relate to the fact of being a quick and cheap resource that can generate creative results, and really help solving the real problems between the parties. In this case, mediation can strengthen rather than destroy, relationships, to leave the decision in the hands of the parties rather than a third person. The resource is used all the time in Canada. Instead of responding when companies should use the mediation, I would ask when they should not use it. The answer is that they should not use it when you do not wish that solution or if you do not want to negotiate it.
BC- How the Canadian knowledge can contribute to the mediation consolidation in Brazil?
AS- The company for which they work, ADR Chambers, met a group of high quality mediators with much experience in disputes. We conduct training through the Stitt Feld Handy Group. However, the path to help Brazil is unprecedented for us. It is important to undertake a mediation training in the country to meet highly skilled Brazilians lawyers. The next step is to reinforce the benefits of using the market and convince lawyers and the parties involved to implement it. After that, new group of mediators has to begin acting and watching, thus, the method growth in the country.
Present at major events related to Brazil arbitration and mediation and the world, the Arbitration and Mediation CBCC was the highlight of the Congress of Cbar latest edition, organized by the Brazilian Arbitration Committee in September, attended by more arbitrators and mediators national and international. This year the theme was to discuss Arbitration as the Last Universalism Frontier - Criteria, and Control Limits, enabling the center spread further their knowledge and their presence pioneer in the resources development in the country through sponsorship and lectures. "This Cbar was more of an opportunity to recognize the entity world wide. With plans to make Brazil a reference in international arbitration, strengthen our contacts with numerous world-renowned lawyers, who may soon compose our referees body. This can ensure the choice of Brazil as a center for the realization of processes of large foreign companies, "said Jose Carlos de Magalhães, the Arbitration and Mediation of CBCC lawyer.