Alternative samba: Why the struggle to build ADR in Brazil matters
The story of ADR in Brazil is, of course, unique to that country, but from my perspective, I see a growing acceptance of ADR, especially mediation, in many parts of the world.
April 22, 2014 at 08:00 PM
4 minute read
Recently, I found myself in Brazil delivering a talk to a group of Brazilian executives on the virtues of alternative dispute resolution (ADR). Later that night, I spoke to a small group of law students at the University of São Paolo, also on the subject of ADR. My hosts were some of the leaders of the nascent ADR movement in Brazil, and they taught me a great deal.
As someone who has been deeply immersed in the growth and development of ADR in the U.S. and, to a lesser extent, in the rest of the world, it was fascinating for me to see a society and a legal system at an earlier stage of its response to the need for alternative and better means of resolving disputes.
One important difference between the Brazilian and American litigation systems is that, in Brazil, it doesn't cost very much to litigate. I was told of one case involving a dispute worth eight dollars that lasted 10 years. This has probably served as a disincentive to the more rapid development of ADR in that country.
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