Judicialization continues to rise in Brazil, with 35 million new lawsuits in 2023, the last year of measurement of the study conducted annually by the CNJ (National Council of Justice). This represents an increase of 9.5% compared to 2022. There are a total of 84 million cases in progress, distributed among 91 courts (more than 80% in the State Courts). These numbers demonstrate the relevance of encouraging consensual methods of conflict resolution, which, in practice, avoid judicialization by promoting understanding between the parties involved.

 

"In a global environment of heightened conflicts, as we are experiencing with the tariff increases promoted by the United States, betting on non-violent, non-aggressive, non-litigious attitudes and solutions represents not only an educational bet but also an act of hope. The pursuit of consensus, through negotiation, is a stance of resistance in the face of a global environment that is becoming more volatile, with greater conflicts between and within countries," highlights Caio Farah Rodriguez, senior fellow at Insper in Law. This is the concern, according to Caio, of Insper's law program, showing students that pluralism and diversity through the law is the way to resolve conflicts in an organized manner, through dialogue and concessions.

 

"Since the beginning of the program, the goal is to demonstrate to students that the law is the institutional way to organize, prevent, and resolve conflicts peacefully. At Insper, unlike other schools, we treat as part of 'conflict resolution processes' the classic subject of civil procedure precisely because of this understanding," he adds.

 

As part of these efforts, Insper annually welcomes students from colleges around the world for the largest international negotiation and mediation competition, which is held by the CPR (International Institute for Conflict Prevention & Resolution). This year's edition, held from April 3 to 5, once again featured 18 teams representing countries such as the United States, France, Turkey, India, as well as Brazil itself, competing in the roles of negotiators, mediators, clients, and lawyers. 

 

The purpose of this event is to primarily enhance mediation skills, which are increasingly necessary in a world of intense conflicts, promoting student interaction with recognized experts in the field, many of whom were part of the judging panel. "We are very honored to be chosen as partners and co-organizers of this international competition for the third consecutive year and intend to continue doing so," says Caio.

 

 

Provision in the Code of Civil Procedure

 

These initiatives are in line with the Judiciary of Brazil and other countries, which, in general, promote the use of consensual methods of conflict resolution. “We even have this provision in our Code of Civil Procedure, which, at the outset, emphasizes the need for judges, lawyers, public defenders, and members of the Public Ministry to encourage conciliation, mediation, and other methods of this nature,” explains the professor.

 

Conciliation and mediation are non-judicial forms of conflict resolution because there is no third party (the judge in the judicial process or the arbitrator in arbitration) who binds or obliges the involved parties through their decision. “This means that the third party does not have the power of final decision. It is up to the parties to reach a consensus on the solution to the conflict. The third party's role is, therefore, to facilitate the understanding between the involved parties, thus contributing to the resolution of the conflict,” explains Caio. According to the professor, there is no guarantee that the conflict will be resolved through mediation, since, in practice, this method only maximizes the chances of a consensus but does not ensure the final resolution of the conflict – unlike judicialization, which, at least in theory, will necessarily present a solution in the form of a sentence or a decision.

 

 

Awarded negotiators and mediators

 

This year's edition of the negotiation and mediation competition awarded the universities and students listed below. Just like last year, the negotiators were evaluated on their ability to formulate balanced proposals and their approach to presenting their interests to the other party, seeking convergence possibilities in the process. Mediators, in turn, were evaluated on mediation-specific skills, with the objective of facilitating convergence between the parties involved in a conflict.

 

 

Best negotiation teams

 

1st place: Cardozo School of Law

2nd place: Jindal Global Law School

3rd place: Yale Law School

 

 

Best mediators

 

1st place: Roziyakhon Kuchkarova (Tashkent State University of Law)

2nd place: Maya Horwitch (Cardozo School of Law)

3rd place: Jessica Dannery (Sciences Po Paris Law School)