For the purpose of solving a long dispute between two renowned large multinational companies, Carpena Associated Advocates sponsored the interests of one in the face of the other in the exhausting mediation process, which has plunged in the last few weeks in São Paulo.

The dispute vermained on alleged defects found in an industrial machine, which had been acquired and installed within a third company, in the integrated management process (ie, in-house production system). According to the complaining company, sponsored by Carpena, the purchased machinery did not work according to the project contracted, so that the purpose of the acquisition became frustrated. As a result, the supplier of the machine should return the paid values ​​as well as respond to the losses and damages arising from the losses thereof. The supplier, in turn, denied the defects pointed out in the machinery and discussed the terms of the contract signed and the elaborate project, denying any duty to indemnify.

After 4 days of immersion in an office located near Avenida Paulista, having the parties exchanged many arguments and also discussed various technical issues have finally achieved a consensus, which avoided the arbitration process before the Brazil-Canada Chamber of Commerce.

The mediation is a technique by means of which the parties, with the aid of qualified prosecutors, elect a neutral third professional, named mediator, who will use psychological means to intervene in communication. The purpose of mediation is to help litigators and prosecutors analyze the real problem that is causing the conflict as well as the part arguments aside. "The mediator appears, in the case, an element to foster good communication and disarm each one of those involved, however, if they are not well represented by lawyers who have experience at the negotiation table hardly conciliation will evolve," says the lawyer Senior Adilmar Gagliano Vianna, carpena partner.

In Brazil, mediations are growing a lot, although we are still distant from reaching a closer number than it would be ideal. In any case, the parties have reached an agreement, the compensation was negotiated and both were satisfied.