If in a direct negotiation the dispute between lawyers in defense of the interests of their clients prevails, in mediation the objective is a friendly solution led by the parties involved, who are assisted by their lawyers, pointed out, this Tuesday, 23, the lawyers Cláudia Grosman, Nathalia Mezzonetto, Rodrigo Azevedo and Manoel J. Pereira do Santos, from the Intellectual Property Dispute Resolution Center of the Brazilian Association of Intellectual Property (CSD-ABPI). They participated in the virtual roundtable “Business skills of the lawyer in crisis scenarios: brainstorming and tools”, a preview of the WIPO-ABPI Program, which will be held in March / April with the same participants.
Another difference between the two forms of negotiation is that, directly, between the parties, the issues to be dealt with are central, with solutions brought by lawyers, while mediation is more expansive, being able to uncover unforeseen solutions and alternatives, not necessarily arriving to the desired agreement. “Mediation is much more about treating the problem, it is more comprehensive and can bring collateral results that do not necessarily result in an agreement,” says Pereira do Santos, president of CSD-ABPI. “A skilled mediator creates a new environment that makes the parties feel free to bring out their real interests and motivations, thus opening up a wider range of possible compositions for the solution of the conflict”, explains Azevedo, who is deputy director of Mediation Chamber of the CSD-ABPI.
Unlike direct negotiation, where he takes the lead, in mediation the lawyer is a co-participant, having a more consultative role. He acts before, during and even after the process, whether advising his client to adopt mediation as a way of resolving conflict, clarifying about its legal aspects, assessing risks or setting out scenarios. “The lawyer must have a collaborative attitude in the process”, says the president of CSD-ABPI. “It is up to the lawyer to filter what will be taken for mediation, so his role is fundamental”, adds Mazzonetto, mediator at the Mediation Chamber of ABPI.
Mediator specialization is not a mandatory requirement, but it can be an advantageous attribute in the mediation process in disputes of a more technical nature, such as corporate and intellectual property. “The mediator has to know the technique on how to reach an agreement between the parties, but he needs to know the subject reasonably,” says the president of CSD-ABPI. “The mediator’s primary competence is mediation techniques, but it is important that he has mastery of the topic so that the agreement is consistent and covers what is necessary and effective”, adds Azevedo.
You can watch the full event on ABPI’s YouTube channel.
The webinar was a warm-up for the Mediation Course – The attorney’s perspective in times of crisis that will take place in the months of March and April. To know the program and make your registration, click here.
