Out-of-court conflict resolution methods stand out as tools for business development

Extrajudicial means of resolving disputes have gained increasing attention due to their obvious benefits for companies’ finances. Instruments such as dispute boards, arbitration and mediation offer effective alternatives for resolving conflicts, not only speeding up proceedings and reducing costs, but also promoting an environment of greater sustainability and legal certainty. This approach is particularly advantageous in insolvency situations, where speed and effectiveness in resolving disputes can be crucial to a company’s recovery. In addition, the use of these mechanisms is fundamental in the execution of strategic planning, allowing companies to navigate complex issues with greater efficiency and predictability.

In this context, the National Land Transport Regulatory Agency (ANTT), Office of Federal Prosecution and Federal Attorney General’s Office met one morning earlier this year to discuss the use of dispute boards in the public administration.

Dispute boards are emerging as an innovative and effective tool for resolving conflicts in complex projects. The use of these committees improves stability and predictability in business, reducing uncertainties and costs associated with protracted litigation. In addition, they promote a more collaborative and high-trust environment between parties, ensuring that important projects are completed on time and within budget. This efficiency contributes directly to economic development by facilitating the execution of essential projects and strengthening market competitiveness.

In addition to dispute boards, arbitration is gaining more and more prominence as a mechanism of great importance for promoting legal certainty in the business world. This instrument is characterized by its agility, specialty, confidentiality and flexibility, as it adapts to the needs of the parties.

Arbitration contributes to legal certainty by ensuring that disputes are resolved fairly and efficiently, based on respect for the rights of the parties. The reliability of this mechanism reduces risks and uncertainties by providing a more stable and attractive business environment for investors and companies, which need to operate with confidence in the knowledge that any disputes will be resolved rigorously and impartially.

Mediation also stands out as an option chosen by companies in crisis in a wide range of sectors. Brazil’s court-supervised reorganization law allows for the use of self-negotiated approaches to business reorganization, which have proven to be increasingly useful in today’s business landscape. Methods such as mediation and conciliation offer effective and less adversarial alternatives for resolving conflicts between creditors and companies in financial difficulties by enabling more open and constructive dialogue, facilitating faster and less costly solutions.

These issues of great importance for economic development will be addressed at the FGV Mediation and Arbitration Chamber’s Second Mediation and Arbitration Conference, which will take place on June 7, 2024, from 8:30 a.m. to 1:00 p.m., at the FGV Cultural Center in Rio de Janeiro. The event will feature leading authorities, academics and experts in arbitration, mediation and dispute boards in Latin America. Following the conference, upon request, participants will be emailed a certificate documenting the equivalent of six hours of additional study.

Venue:
FGV Cultural Center
186 Praia de Botafogo, Rio de Janeiro

To take part in the event, sign up free of charge here.