SERVICES

At Faleck & Associados, we transform disputes into viable, sustainable, and effective solutions. Our services combine technical excellence, practical sensitivity, and innovation to deliver tailored solutions to businesses, governments, and organizations.

1. Strategic Case Negotiations

We act as negotiation agents for our clients, focusing on value creation, efficient dispute resolution, and preservation of relationships — even in highly complex contexts.

Our approach is technical and practical, grounded in the best existing theoretical frameworks and empirical research available, as well as in our two decades of successful, high-value negotiations in seemingly intractable cases.

We are hired by companies, organizations, funds, or specific groups to directly negotiate complex disputes — often integrating into already formed legal and technical teams, contributing with strategic intelligence, and conducting processes to maximize results and build sustainable solutions.

Our work includes

  • Diagnosis of the parties’ interests, resources, and capabilities

  • Mapping the range of available options, alternatives to settlements, limits, and no-deals

  • Risk, scenarios, and decision-tree mapping

  • Defining objective criteria and legitimate negotiation parameters

  • Supporting valuation and proposal formulation

  • Communication strategy and persuasive framing of topics and demands

  • Preparation protocol, including simulations when necessary

  • Identifying negotiation barriers and strategies to overcome them

  • Engaging and accessing multiple parties and/or communities, planning and organizing negotiations

  • Conducting negotiation meetings to build agreements

  • Closing and formalizing agreements with accuracy and security

When we are hired

  • Sensitive disputes or cases with high public impact

  • Complex multiparty disputes

  • Relevant contractual relationships at risk

  • Prolonged deadlocks requiring resolution

  • Situations where mediation is unfeasible or rejected by one of the parties

  • Engagement by investment funds in “settlement finance” initiatives in strategic cases

  • Need for a strategic, technical, and pragmatic approach

More than staking out positions, we assist our clients to bring rationality to the negotiation of disputes, designing and executing strategies that make sense for their goals, timing, and context.

2. Business Mediation

We facilitate dialogue between conflicting parties, enabling them to build sustainable, consensual solutions in a secure, legitimate, and efficient manner.

Faleck & Associados is the pioneer and recognized leader in business mediation in Brazil, with a distinguished practice across public and private, bilateral and multi-party, and institutional and ad-hoc mediations.

Our methodology adheres to the highest international best practices, expertly tailored to the nuances of Brazil’s legal and business landscape. We design bespoke processes based on the specifics of each case, the profile of the parties and their counsel, and the complexity involved.

Our expertise extends to complex international mediations, both those with a Brazilian nexus and those entirely foreign.Our office is purpose-built for mediations, featuring multiple breakout rooms and a structured environment designed to optimize the client experience.

Our market leadership is evidenced by

  • Our track record: we have served as mediators for many of Brazil’s largest corporations, as well as foreign and multinational companies, across a vast range of sectors, including energy, oil & gas, insurance and reinsurance, construction, infrastructure, finance, healthcare, entertainment, sports, real estate, mining, telecommunications, food & beverages, agribusiness, retail, among others

  • Our reputation among the legal community: we are consistently retained by nearly every major law firm in the country, leading international firms, and boutique practices of all sizes

  • Our case volume: we hold an unparalleled record of successful outcomes in sensitive, high-value, and complex mediations.

  • Our scope of practice: our experience covers a wide array of commercial, corporate, restructuring and insolvency, civil liability, and family businesses disputes

  • Our recognition: we are consistently featured in the industry’s leading specialized publications. In a market where consensual methods can still seem uncertain, we are the standard-bearer for quality, strategic intelligence, and real-world results

3. Dispute System Design (DSD)

We design customized solutions to prevent, manage, and resolve disputes at scale or in complex contexts, with a focus on legitimacy, efficiency, and procedural justice.

Every organization—public or private—has, consciously or not, a system for handling disputes. Too often, however, these systems are ineffective, inefficient, or reactice, failing to build trust or adapt to new challenges. There is always room for improvement.

Dispute System Design (DSD) is the discipline of methodically engineering processes and resources to manage conflict in a structured, efficient, and legitimate manner. Faleck & Associados is a pioneer in this field in Brazil and one of the global leaders in its application.

Our DSD applications include

  • Compensation programs in crisis contexts

  • Settlement programs (pipelines) to reduce litigation backlogs and recurring dispute streams in civil, labor, and credit recovery cases

  • Preventive programs for crisis management and socio-environmental risks; including mediation in highly sensitive social conflicts (such as occupations and strikes)

  • Negotiation programs powered by artificial intelligence

Our differentials

  • Pioneers in introducing DSD in Brazil

  • Seminal works published on the subject

  • Participation in landmark cases (TAM, Mariana, Brumadinho, Maceió)

  • Multiple ongoing projects involving large companies and operations

  • Founding partner is a faculty member teaching the subject at Pepperdine University (ranked first for several years in mediation and DSD education)

  • A highly specialized and experienced team in designing and implementing systems in the field

DSD is more than a methodology—it is a way of thinking and acting to transform disputes into opportunities for institutional development, efficiency, maximization of results, broader engagement with stakeholders and affected parties, strengthened relationships, learning, and trust.

4. Dispute Prevention

We help organizations prevent the emergence and escalation of conflicts. Conflict prevention is built on three pillars: (i) identifying root causes; (ii) strengthening trust and relationships with all stakeholders; and (iii) implementing protocols for early intervention.

We develop strategies, workflows, and policies that detect structural drivers of conflict and foster more cooperative relationships with employees and internal and external stakeholders.

Solutions offered:

  • Conducting neutral interviews to identify sources of recurring tension or conflict;

  • Creating institutional channels for feedback, response, and early resolution;

  • Implementing interest-based conflict resolution methods within the organization;

  • Deploying our proprietary Integrated System for Internal Conflict Management and Harassment Prevention (SIGEC) (details below);

  • Designing and implementing tailored solutions for specific contexts (major infrastructure projects, regulated sectors, areas of high reputational risk).

What sets us apart

  • Integration of organizational culture, governance, and risk management

  • Sensitive, preventive, and practical approach aligned with the ESG agenda

  • Ability to craft creative, feasible, and institutionally robust solutions

Integrated Systems for Internal Conflict Management and Harassment Prevention (SIGEC)

An institutional solution for

  • Organizational interpersonal conflicts prevention and management

  • Appropriate resolution of workplace bullying and sexual harassment claims

  • Improvement of organizational climate with a focus on safety and trust

Tangible benefits

  • Reduction of reputational and legal risks

  • Development of multiple effective, interest-focused, low-cost internal channels (informal channels, peer mediation, indirect approaches) capable of capturing previously unreported cases and resolving them quickly before escalation

  • Unclogging compliance and investigation channels

  • Reliable information source on conflicts and the workplace atmosphere

  • Strengthening a culture of dialogue and respect

Our dispute-prevention and SIGEC cases include

  • Design and implementation of an Integrated System for Internal Conflict Management and Harassment Prevention for a state-owned company in the transport/logistics sector with more than seven thousand employees

  • Diagnostic consultancy on root causes of labor litigation and the effectiveness of internal dispute-resolution channels at a leading company in the retail sector

  • Creation and implementation of anti-violence and anti-discrimination policies for a digital platform in the food/logistics sector

  • Implementation of an institutional mediation system for a digital platform to resolve pre-litigation disputes with its partners, aiming to preserve commercial relationship and ensure compliance with the platform’s policies, in the food/logistics sector

5. Strategic Training

We train professionals and teams to handle real-world disputes with technical excellence, empathy, and a results-oriented focus.

Our programs combine cutting-edge theory with intensive, hands-on practice. Each curriculum is custom-designed for corporations, public sector entities, and institutions seeking to build core competences in negotiation, mediation, and dispute system design.

We offer

  • Workshops in complex negotiation, business mediation, and DSD

  • Training for in-house teams to manage settlement programs and internal resolution channels

  • Immersive learning through Harvard Law School case studies, simulations, guided readings, and practical exercises

Our differentials

  • A proven methodology grounded in Harvard theory, applied by instructors who have personally negotiated agreements valued in the tens of billion reais

  • A training team is comprised of our partners each bringing extensive, real-world field experience

  • We have delivered training for Brazil’s top federal and state legal bodies – AGU (the Federal Attorney General’s Office), MPs (Public Prosecutors’ Offices), PGEs (State Attorney General’s Offices) – leading universities, and major corporations