Multiparty Mediation as Solution for Urban Conflicts: A Case Analysis from Brazil

Social conflicts are becoming more complex every day and, therefore, the development of alternative forms of conflict resolution is necessary in view of the limited role of the Judiciary. With this, mediation gains more space in Brazil and in the world through the 2019 Singapore Convention on Mediatio...

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Main Authors: D. B. Ferreira, L. Severo
Format: Article
Language:English
Published: Publshing House V.Ема 2021-10-01
Series:BRICS Law Journal
Subjects:
Online Access:https://www.bricslawjournal.com/jour/article/view/535
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author D. B. Ferreira
L. Severo
author_facet D. B. Ferreira
L. Severo
author_sort D. B. Ferreira
collection DOAJ
description Social conflicts are becoming more complex every day and, therefore, the development of alternative forms of conflict resolution is necessary in view of the limited role of the Judiciary. With this, mediation gains more space in Brazil and in the world through the 2019 Singapore Convention on Mediation. Mediation is beneficial in the urban context to stimulate the population’s participation and guarantee legitimacy at different levels of power. It enables public and private convergences, better public interest comprehension about the best way of life in cities and enhanced democratic management due to better dialogue and cooperation with the public administration. Mediation focuses on the interventions’ reasons, the role of those involved in the process, welcoming the urban conflict with its peculiarities. It promotes the constitutional principles of democracy, pacification, solidarity, dignity, autonomy of will, speed and popular participation in the administration of Justice. However, in urban conflicts, which involve public administration and a multiplicity of parts, it is often necessary to apply collective or multiparty mediation. Thus, the article’s main objective is to address the effectiveness of multiparty mediation as a solution to urban conflicts through the analysis of 5 (five) concrete cases mediated at the Judicial Dispute Resolution Centers – CEJUSC of the Rio Grande State Court of Justice of the South in Brazil. In the first step, a theoretical-descriptive analysis of multiparty mediation in Brazil and the mediator’s role is carried out. In a second step, we will perform the analysis of practical cases to reach the appropriate conclusions.
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spelling doaj-art-cf20d423ec04488888068fd839de43d82025-08-20T02:57:47ZengPublshing House V.ЕмаBRICS Law Journal2409-90582412-23432021-10-018352910.21684/2412-2343-2021-8-3-5-29196Multiparty Mediation as Solution for Urban Conflicts: A Case Analysis from BrazilD. B. Ferreira0L. Severo1Universidade Candido MendesAmbra UniversitySocial conflicts are becoming more complex every day and, therefore, the development of alternative forms of conflict resolution is necessary in view of the limited role of the Judiciary. With this, mediation gains more space in Brazil and in the world through the 2019 Singapore Convention on Mediation. Mediation is beneficial in the urban context to stimulate the population’s participation and guarantee legitimacy at different levels of power. It enables public and private convergences, better public interest comprehension about the best way of life in cities and enhanced democratic management due to better dialogue and cooperation with the public administration. Mediation focuses on the interventions’ reasons, the role of those involved in the process, welcoming the urban conflict with its peculiarities. It promotes the constitutional principles of democracy, pacification, solidarity, dignity, autonomy of will, speed and popular participation in the administration of Justice. However, in urban conflicts, which involve public administration and a multiplicity of parts, it is often necessary to apply collective or multiparty mediation. Thus, the article’s main objective is to address the effectiveness of multiparty mediation as a solution to urban conflicts through the analysis of 5 (five) concrete cases mediated at the Judicial Dispute Resolution Centers – CEJUSC of the Rio Grande State Court of Justice of the South in Brazil. In the first step, a theoretical-descriptive analysis of multiparty mediation in Brazil and the mediator’s role is carried out. In a second step, we will perform the analysis of practical cases to reach the appropriate conclusions.https://www.bricslawjournal.com/jour/article/view/535brazilconflicts in the citymediationmultiparty mediationcase analysispublic administration
spellingShingle D. B. Ferreira
L. Severo
Multiparty Mediation as Solution for Urban Conflicts: A Case Analysis from Brazil
BRICS Law Journal
brazil
conflicts in the city
mediation
multiparty mediation
case analysis
public administration
title Multiparty Mediation as Solution for Urban Conflicts: A Case Analysis from Brazil
title_full Multiparty Mediation as Solution for Urban Conflicts: A Case Analysis from Brazil
title_fullStr Multiparty Mediation as Solution for Urban Conflicts: A Case Analysis from Brazil
title_full_unstemmed Multiparty Mediation as Solution for Urban Conflicts: A Case Analysis from Brazil
title_short Multiparty Mediation as Solution for Urban Conflicts: A Case Analysis from Brazil
title_sort multiparty mediation as solution for urban conflicts a case analysis from brazil
topic brazil
conflicts in the city
mediation
multiparty mediation
case analysis
public administration
url https://www.bricslawjournal.com/jour/article/view/535
work_keys_str_mv AT dbferreira multipartymediationassolutionforurbanconflictsacaseanalysisfrombrazil
AT lsevero multipartymediationassolutionforurbanconflictsacaseanalysisfrombrazil