Mediation and Arbitration Center

closed

This technical cooperation (TC) grant seeks to develop an out-of-court conflict resolution culture for settlement of commercial disputes at both the national and the regional levels, thereby reducing the backlog in the court system and helping to establish a climate conducive to private investment. The three project components are: (a) strengthening and consolidating the technical and administrative capacity of the arbitration and mediation centers (CAMs); (b) establishment of a training program, employing a network of specialists; and (c) development of a alternative dispute resolution (ADR) culture. The institutional strengthening component funds the following activities: (a) a diagnostic study on the markets and services available to identify institutions presently active in the field, their areas of influence, areas of specialization, current and potential clientele, and awareness of ADR methods among various segments of the population; (b) a methodology for determining average variable and fixed costs under model CAMs in Brazil in order to enable CAMs to establish realistic rates for their services; (c) a strategy to enable CAMs to guarantee the quality of their service, based on a series of operating requirements and responsibilities; (d) a study on the organization and methods used in 80 percent of the participating CAMs to determine their level of efficiency and make recommendations regarding minimum required infrastructure and resources for maintaining quality; and (e) operational and management training for CAMs personnel, in business administration skills, technical management of and legal issues involved in the arbitration and mediation of commercial disputes, evaluation and oversight of the services provided by CAMs, and employment of ADR methods. The training component funds the establishment of a national network of instructors, specializing in arbitration and mediation techniques, who will train arbitrators and mediators for CAMs throughout the country. The component focusing on developing an ADR culture funds: (a) developing a promotional strategy for achieving greater public awareness of arbitration and mediation services and their benefits; (b) designing an information package for dissemination in academic and business venues, trade fairs, judicial gatherings and other local, regional and national events; (c) designing and establishing a permanent information center and electronic library as part of the project execution unit (PEU); (d) designing and implementing a program for identification, recruitment and selection of program information officers; and (e) instituting a program of weekly visits to localities and regions.