In business relationships, unexpected events, whether internal or external, can occur at any time, generating turbulence and instabilities capable of affecting the operational paths and the image of organizations. It is essential that management actions are immediate and efficient, according to the peculiarities of each case. One way to minimize the negative impacts generated by these situations is mediation.
Mediation is a transdisciplinary, strategic, consensual, economical, fast and impartial method, which gained its regulatory framework with Law 13.140/15. Its objective is to resolve conflicts, and may even change perceptions about crises, whether they are caused by factors inherent to the company's activity, such as disputes between shareholders and contractual issues, or by external factors, such as an environmental disaster.
Mediation represents an opposite path to the long and exhausting legal litigation, which often becomes an obstacle to the company's operational continuity.
This is an alternative method that makes it possible to create a favourable environment for negotiations. It can be used to both prevent and resolve conflicts resulting from a crisis and has greater potential to overcome obstacles and meet the objectives of the parties involved, by encouraging exchange and innovative solutions.
It is also a strategic and effective mechanism for resolving corporate conflicts, as it allows companies to face challenges collaboratively, preserving their reputation and promoting the continuity of their operations, in addition to fostering the construction of more productive relationships between the parties involved.
Confidentiality is another advantage of mediation, as the parties involved can discuss solutions without the fear of suffering media exposure.
It is also noteworthy that the presence of an impartial and trained mediator enables communication between the parties and promotes a beneficial environment for the search for consensual solutions.
In this great space for dialogue that mediation provides, the lawyer is essential for the consensus between the parties to be established in a rational way. It is also up to the lawyer to ensure that the proposals and agreements are aligned with laws and regulations, ensuring greater legal certainty to the process.
Mediation, therefore, in addition to being a quick and less costly means, represents a good alternative for the resolution of corporate conflicts, by enabling an open dialogue, capable of meeting the objectives of the parties, encouraging innovative solutions and allowing companies to focus on their growth in a sustainable way.
Reading sources:
CABRAL, Marcelo Malizia. Alternative means of conflict resolution: instruments for expanding access to justice.
SALLES, Carlos Alberto; LORENCINI, Marco Antônio Garcia Lopes; SILVA, Paulo Eduardo Alves da (coord). Negotiation, mediation, conciliation and arbitration: course on adequate methods of dispute resolution. 3. ed. Rio de Janeiro: Forense, 2020.
