Other Alternative Dispute Resolution Methods

Depending on the features of the dispute and the interests of the parties, Faleck & Associados may implement hybrid processes of dispute resolution, which have been successfully applied in the country and abroad. Some examples are:

(i)         Early Neutral Evaluation (ENE): objective and candid evaluation of the case on an early stage of the dispute, in confidential basis, after the parties presented their arguments. The ENE helps parties align their expectations and better understand the strength of their cases and the legal framework that surrounds their interests. Even if a settlement is not reached, the ENE may help parties to advance to litigation with more objectivity.

(ii)        Confidential Listening: in this modality, the neutral, under the duty of confidentiality, probes for individual information from the parties in dispute and evaluates the existence of a zone of possible agreement.

(iii)       Variations of Arbitration: arbitration is a voluntary method of dispute resolution similar to the judicial system, in which a third neutral (arbitrator), chosen and hired by the parties, evaluates arguments and evidence presented and issues a binding decision. The arbitration process may be simplified or tailored, in order to help the parties to reduce costs, save time and achieve more satisfaction in resolving their disputes. A few examples of arbitration tailored variations:

a)   Non-binding Arbitration: modality in which the arbitratorís decision is not binding to the parties. This is useful to bring the parties back to negotiation tables with a better understanding of the strength of their cases.

b)   Final-offer Arbitration: in this variation, each party submits a final monetary proposal for the resolution of the dispute to an arbitrator. The arbitrator will only choose one of the offers, without modifying it. This process creates incentives for diligence and reasonableness from the parties, who expect their proposals to be picked.

c)   Hi lo Arbitration: in this process, the parties previously establish a range for the arbitratorís award, with a minimum and maximum value, in order to limit risks.

d)   Med-Arb: in this process, the neutral works first as a mediator, assisting parties to reach a mutually acceptable result. If the mediation fails, the same neutral serves as an arbitrator, issuing a final and binding decision.

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