to keep your schedule on time on track so do you want do you want to put your translator no do you want me to speak English okay she wants me to speak English um I'd like to say that this panel it's for me it's the easiest one because I have most of all friends so uh I have chosen in a selfish way this panel because of they and um and it it's always a pleasure to be with two speci person persons like Gabriella and Denise um today in the morning I made I made this um
reference to Denise but she didn't hear because she was not yet with the Trans later so I um ask your permission to talk to her again about the the moment that I I talked about Denise so I asked excuse for all of you that helped a lot in this in this event that worked a lot uh to uh personify my gratitude and on behalf of uh Denise uh sha mediator uh um I would say be um um a wonderful mediator a beautiful old lady um very courageous and inspiring and that and she represents the strength
of the creativity sensibility and generosity so thank you very much Denise um for hosting us in this beautiful in this beautiful city and I need to say that if we are here in the New York City Bar it's because of Denise because she has presented me to people here and she had um she had um we didn't have a venue and she had why don't you do and in this very Denise way why don't you do darling in New York City Bar and then I said okay let's try and so here we are so thank
you Denise uh Denise is not uh just a friend but also a certified mediator arbitrator and attorney special specializing in difficult and tractable sensitive um workplace mediation commercial Community um you know uh she's um um a mediator in CPR and she used to mediate all over she travels all over the world and she from the perspective of a American mediator she knows the world so that's why she's here in this transnational panel because what we designed in this panel was the um I would say the World Vision we have seen the providers we have seen
the um the Judiciary we have seen the SG and now we are going to see a little bit of the world from the lands of Denise Shaw and from the lands of my dear dear friend Gabriel Asar as I said about Bruce um in this morning I'm saying again about Gabriella that important people we know exactly when we uh we meet them so I remember meeting Gabriella in h Janeiro uh in a simp CPR event and I said whoa who's that person not just because she's so beautiful outside and inside but because she's truly honest
and a person that um we can just learn day by day with her sincerity with her generosity um with her compassion with people so that's why also she's here to talk about the world because Gabriela uh is certified uh is a certified udman and um I'm I'm translating okay she's a senior fellow of Weinstein International Foundation um she was the first name Brazilian name mentioned on who's the who commercial mediator um she is she was a busman of Petrus and now I CED so many things but because the the CV is huge and now she's
the mediator of EO um in UN in Geneva so she also is an American uh a Brazilian that has his view from the world so thank you Gabriella for being here and um my love for you both um and also we have here our dear emad he used to be here he he he should be here but Ahad um couldn't come uh at the late moment but he's with us thank you Ahad I met also Ahad and Louisa in uh um Paris also and um yes Paris gave me so many things and emad is from
Mina uh Middle East uh North Africa uh community and he will bring us his view from this reality that it's not so common in in in Americas we uh at least in Brazil normally we don't go through those realities so emad is an arbitrator and mediator mediator in Gulf States um in Gulf States he is a senior research fellow at the Singapore International dispute resolution Academy um she he's a fellow shattered at shadar Institute of arbitrations um arbitrators and uh he's also a mediator of IMI and he has a huge uh CV also and thank
you Amad for all your curriculum that you bring for us your experience and especially your kindness to be here and last but not least our dear dear Louisa Louisa is a kind person that comes to bring us a lot of experience um I would say a painful experience because Louisa is from Ukraine and she uh great iously um uh accepted this invitation to talk about this hard um uh reality of mediations and cases in Ukraine but she is also the president of the Ukrainian Academy of mediation uh and she leads uh she supports uh the
center of effective dispute resolution the international dispute resolution center and she's also uh with media support from IMI International mediation Institute so um we welcome you all to talk about this reality this world reality that I think it's so important so please take take take the stage uh I think we'll start with Denise and then we are going to Louisa and then emad and then our dear Gabriella will do the wrap up of of the the the panel thank you thank you everyone for um uh for being here today um it's definitely worthwhile uh to
have a fan club and uh to have people who really think that you are worthy of being heard and really um have not only affection but also real respect for um your colleagues um one of the reasons why I suggested early on that we come to the city bars because the picture of th Good Marshall who was um very early in my um career I met th Good Marshall and um and I also clerked for a federal judge who um I had worked very closely with and uh he was responsible for me getting uh my
first job and I said to him um you know J judge higen Botham how is it is there a way that I can return the favor of you mentoring me and he said I'm a federal judge and you are a law student who's just graduated with no um experience he said what I need for you to do for me is to help others and help them extend a hand so that they can you can make it easier for them to be successful and for them to Excel and I've never forgotten that um I have seven
minutes so bear with me one of the um uh Hallmarks I think of um what I think is important um in the legal profession is to have the humility um to be a good listener obviously to be a good Advocate to be generous uh to be curious um to be a good communicator and to encourage others and I think um one other aspect of um working in the legal profession is to the extent that you were able and I would say that we are all able um there's no progress without um leadership I've been looking
forward to this day for a long time and it's amazing to me that um I'm standing here with Luciana and judge Felipe is in the um in the audience it was only two years ago that we were brainstorming at at CPR and we were talking about this very event and so here we are and um we're making it happen and one thing I want to say is welcome to New York um and I want to express my my um my gratitude to Luciana and Lee for their leadership and and vision um they're the kind of
thinkers who make it possible for us to collaborate and build the present and the future of dispute resol resolution in Brazil um among us today we have so many talented conflict resolvers mediators arbitrators law professors Educators facilitators trainers um but despite the proliferation of experts in so many different uh Fields conflict is really a growth industry it's everywhere and it's surging at the present moment um and we have no other alternative but to meet conflict headon it's a really serious issue and it motivates me to participate in selecting projects s that really Elevate the effectiveness
of conflict resolution and recognize at the same time the distinct skills required Beyond traditional legal expertise um as a lawyer what I'd like to do is share what my pathway um to been what my pathway has been to skills development um and uh mediation I learned how to mediate here in New York City in for with the New York peace Institute in a community setting uh as a volunteer community conflicts are real cases for people who are desperately in need of relief from a wide range of troubles housing landord tenant noise disputes divorce parenting custody
issues special education bullying in schools um small claims trust in Estates it it it covers the entire gamut of situations that can happen uh to people and in this case particularly with Community mediation you have people who have big issues who have important issues who really have survival issues but they don't have the resources to retain uh Council in order to help them to resolve what their issues are and for for that reason um um I say the community dwellers want what we all want and that's to survive and to really take control of their
lives and get solutions to serious problems and the experience of community mediation really taught me that if you have concrete skills you can mediate anywhere and for anyone and I personally you heard some references uh to community uh mediation as a part of the um what uh judge Kaplan and um and uh uh Courtney were were talking about um it's an important part of the mediation package in in New York which I wholeheartedly support um because I feel that it really does resolve family neighborhood and organizational conflicts and that volunteers receive training they do the
apprenti ships and they're essential to carrying out uh the mission of the community-based mediation centers um I would also say that the community engagement piece um saves money because it suppresses conflict and it builds a community's capacity for nonviolent uh conflict resolution uh I also am of the feeling that they should be paid they should get some compensation for the work that they do because I think that it it brings value and it brings dignity to what um they wholeheartedly do in their own uh communities now I can say as a lawyer while I had
excellent preparation um in the mediation field with respect to um Community experience um I made the choice to gravitate to commercial mediation um where I could achieve greater personal growth and real professional growth and also make a living and I think for um a lot of mediators um it can be difficult to make a living from just mediation and you have to have I think I've I've spoken on this uh subject before here at the City Bar about what it takes to put together practice and to generate um uh a a a living just from
from uh mediation it's not easy um but it's not impossible as well um but another important aspect of what I've been able to do is to further my own education and um I've done that by participating as a judge um in mediation competitions in Paris in India in Sri Lanka and also in Brazil and I would say that these are probably among the most dynamic um learning environments because it allows me to to to see what students are um learning and to give them feedback and to give them praise and to uh critique what what
they're doing and and also connect with them on a basis I think one of the things that um we need to be aware of is that um there are students who are are investing heavily in their ADR skills and they are adept and very knowledgeable um in how to negotiate and I think there's a real separation sometimes in the lawyers who have not had the benefit of the deep studies um that a lot of students are getting now in universities across this country and across uh uh the world and being with the students in that
environment has really given me a level of insight and a real interpersonal connection and a real cultural immersion that's really so necessary for conflict resolution wherever you are but especially in the international um uh Arena so I do believe it's essential to proactively prepare and Coach the next generation of uh mediation leaders and I would say to um some of the judges to think expansively about how you can utilize some of the young talent that is uh that are in law schools now that are that are recent graduates you may have heard judge Kaplan say
that she has a law clerk who has been trained in mediation and brings that kind of um skill and insight um to the decisions that that she makes as as as a judge I thought it was a very creative way and a very necessary way to absorb um uh the talent um my really positive experience with Brazilian law students um and lawyers has really given me the utmost confidence in their expertise and proud to support their their growth um and and thanks are definitely necessary because I've worked um with so many um Brazilian lawyers students
trainers um and I would say at this juncture in my career thanks are a necessity um I'd like to thank ran dos Santos gar for inviting me to present with you and distinguished panel of global mediators at the Brazilian mediation day in Paris at the ICC uh International mediation competition thank you um Fernanda Levy is not here um but I have a great um Deb of thanks for her because she took the lead um for the year in 2019 when we wrote the competition uh problem for the CPR mediation competition and that will uh go
down in history we wrote about um Brazilian farmers and um supply chain and blockchain um uh issues I also have thanks for Akira ninia some of you may not have have uh heard of heard of him but he invited me to come to goas in 2015 to explore new par paradigms and participate in the launch of Ray pacificar his personal vision of how to introduce conflict resolution and best practices to Educators and police officials um the opportunity that he offered me at that time to present alongside Arun Gandhi um who is the uh social activist
grandson of Mahatma Gandhi to me was a Priceless um experience and finally I'd like to give some thanks to somebody who you may not have heard of uh Bruno huster a former CPR uh mediation competition um student who did an outstanding presentation um at the last CPR uh uh competition and who is now a young practitioner representative for the Brazilian uh members of the CH chartered Institute of uh arbitrators to all my colleagues um I want to thank you all for the opportunities and all of the wisdom that has been shared and for accepting my
perspective on um mediation careers and I'd like to extend a challenge to all of my colleagues here to think expansively about how all of the transform and and think expansively about all of the transformative ways that mediation can make a difference in the Brazilian legal system thank you so much for your time and enjoy the rest of the conference thank [Applause] you thank you very much dear so let's let's hear our dear Louisa um hmani she's in UK now but she's from Ukraine hello greetings dear colleagues and uh I would like to start with words
of appreciation uh it's a pleasure to be here today and thank you Luana for invitation and for the opportunity to speak here today and also I know how many effort is paying to support ukrainians now so I want to say thank you also and I know that we have Bruce and Susan Edwards in the audience today uh who have been incredibly supportive not only for Ukrainian mediators but for all ukrainians thank you very much for your kind hearts and U now I would like to tell you a little bit about mediation in Ukraine about how
which way we uh have to accept in Ukraine and also what is the current state of mediation so let's start it um mediation in Ukraine has existed for 30 years and this year we have an anniversary so we are going to celebrate it most most L online because of safety reason but anyway it's a very important date for us despite the long absence of special legislation the development of mediation has been quite intensive finally with the active involvement of Ukrainian mediators the law on mediation was adopted in November 2021 and um it was you know
we even couldn't enjoy the this this adoption of the law because the full scale Invasion started uh our law on mediation is quite framework and it contains the main definitions the scope of uh applicability of mediation also established principles of mediation and Define the status of mediators uh mediation can be conducted for the settlement of any conflicts including civil labor economic administrative cases also in cases of administrative offenses and in criminal proceedings procedural legislation in commercial civil and administrative cases is favorable for reconciliation of the parties and um also including their mediation mediation is implemented
as in an outof Court procedure but according to the procedural ctes can be applied at any stage of the court process including enforcement of judgments at the moment there is no mandatory procedure for pre trial settlement of disputes through mediation but uh we are walking in this direction and uh we even have like some definition of the categories of disputes for for the application of um such a pre trial settlement in nearest Future so who could be a mediator in Ukraine we have such requirements in our law mediators can be a full AG individual who
has completed at least 90 hours of basic mediation training including 45 hours of practical class either in Ukraine or abroad importance is the um duration of such a course uh attorneys and notaries can work as mediators while judges and enforcement officer can't the law doesn't foresee that self-governing bodies of mediators will be created in Ukraine uh so we don't have any unique Unified Statewide register of mediators but we have quite active Association of mediators and entities providing mediation uh which maintain their own registers of mediators and Ukraine has an active mediator Community which care about
the quality of trainings quality of um mediation services and uh uh we could find the solution to join our efforts to to adopt some very important standards and very important um documents currently a code of ethics for mediators was uh adopted as well as principles for teaching basic mediator skills and principles for teaching the basic Family Mediation skills what about business mediation so business mediation is actively developing across various sectors but uh for the last time for the nearest time more significant advancement we have in the field of intellectual property everybody knows that Ukraine is
quite famous for its intellectual property development and um mediation is quite import important uh in this direction so IP office Ukrainian IP office established a mediation Center um some kind uh like um such Center is uh under the wipo and EU EU IPO also our commercial procedural legislation provides uh substantial incentives for mediation specifically if parties resolve their disput through mediation at any stage of litigation they can receive back 60% of court fees permanent Ukrainian arbitration institutions also provide mediation service and offer mediation and combined procedure to their clients we are also making progress in
the area of Professional Standards and currently we are developing a business mediator standard and we have recently approved the labor mediator standard and the next Stander will be like U trainer of mediation concerning the Family Mediation uh we have welldeveloped Family Mediation in Ukraine it's providing a strong framework framework for resolving family disputes mediation is recognized in Ukraine as a basic social service and this means that it can be offered to individuals and families facing difficulties life circumstances free of charge to ensure accessibility of everybody to this uh service and it's provided by the local
authorities we also offer in Ukraine several levels of specialization specialized training in Family Mediation separately for working with kids separately for working with financial issues and um usually our mediators family mediators work in com mediation uh in recent years we have observed a significant increase in the number of crossborder family disputes and this trend highlights the growing importance of mediation in addressing complex family issues that span different countries and legal system and here you could see some uh Family Mediation initiatives initiated by Ukrainian Academy of mediation uh we created a platform mediation help.com at the
beginning of the full scale scale Invasion the aim of this platform is to provide information support to the Ukrainian Nationals who fall into various conflict situation as well as to support Ukrainian speaking mediators abroad and all also to promote promote greater interaction between mediators and expand their Network here is a possibility to choose mediator also from the list of mediators using different filters and uh specialization mode of work language Etc this website has a version in English and you can find the upto-date information from the firsthand about mediation in different countries including Ukraine um search
for a safe place for children caused massive migration inside and outside of the country at the beginning of the false scale Invasion uh it was important to ensure the physical safety of children the requirements for document documentation um was for for their traveling abroad were very simplified and this created favorable conditions for the various conflicts um emergence regarding children staying abroad without the permission of one of the parents that's why we pay attention to such disputes and in partnership with the ministry of justice of Ukraine developed informational materials on the international disputes with the participation
of the kids uh we also who have prepared a team of family mediators who specialized in crossb child disputes and they can be easily found using the appropriate filter on the mediation help platform also uh and we also pay attention to partner mediation in family disputes to prevent conflicts um because it is important we have a lot of marriages now very quick marriages because nobody could be sure that he will be alive next day so we created special booklets which are given to the Future newly wets by the authorities when they apply for marriage registration
so this is like a short overview about mediation in Ukraine mediation in family disputes and also mediation in business disputes so I will be happy to answer to your question lately thank you very much for this opportunity and um um we can I can answer later to your questions thank you great thank you Louisa just in time thank you for all you um um that are here in this panel and we are now uh we're going to hear Ahad husin directly from Abu Dhabi and now I guess what time is in Abu Dhabi emad please
with microphone we are you are it's almost yes it's it's almost 12 12:17 now wow almost midnight but it's a pleasure to be with you great thank you thank you for have bringing us your knowledge at this time at night it's a pleasure um um I would like to um first of all it's good afternoon and U I'm so pleased to be with you and I would love to be attending this fabulous uh event in person but unfortunately I couldn't travel from Abu Dhabi to New York for unavoidable circumstances and before I start my presentation
I would like to really appreciate lisana for huge efforts communication patience following up with all of us to make this happens without her support this is to be too difficult and also I'm so pleased to be with my colleagues whom I met um some of them in in Paris and uh it was a pleasure to be in in in this panel I know time is precious as well as yours today I'm just going to take a navigation or a journey or bird this eye view on the disput resolution in the Mina region before I start
Mina is Middle East and North Africa uh historically Mina is composed of 26 countries over the time because of so many uh challenges uh out of the 26 countries uh there are only 12 countries that they are active in mediation and arbitration by the 12 countries I mean the Gulf states which they are Saudi Arabia qar Oman Bahrain Kuwait and the other um wider range in in Egypt Jordan Tunisia Morocco all these countries are the active countries but uh the and for me Mina region is not existing as uh an active countries but uh the
emerging countries now are the gulfy states for the reasons that I will share in a minute my presentation will be about three items first of all the power of arbitration in Mina how this is uh uh dominating the disputes and then the rise of the ADR specifically me mediation and I will end up by the future of of dispute resolution in the Mina region I'm will not going to spe to be specific about certain jurisdictions maybe about I'll give some examples but this is a helicopter view about uh the situation in the Mina region regarding
the arbitration the power of arbitration over the last 30 years it has been a dominant Factor because of the energy disputes oil disputes and because of the construction uh so arbitration it has been uh dominant um in that region although it has been delayed because of the early hostility between arbitration and the region due to some foreign arbitrary awards that have not been in favor to the country but uh arbitration is used because of the neutrality confidentiality for Ability uh and in the region there are almost four key institutions that are active in arbitration first
of all the one in Dubai the yak Dubai International arbitration Center that's one of the well-known region it uh it uh administers case of mostly Construction also another Center in Saudi Arabia and the one in Saudi Arabia established in 2014 it's almost 10 years now and a third one in Qatar but the oldest Center in the Mina region is the one in Egypt which is kica kiru regional center for international commercial arbitration it dates back to 1979 those are the most important um important uh institutions of arbitration in the region now Beyond arbitration mediation has
come to stay in our region and the key reason for mediation uh is the post covid-19 actually few years before c before covid-19 uh most of the countries in the Mina region I mean the 12 countries enacted mediation legislation uh which makes uh mediation accessible to especially in commercial and in family disputes and the parts start understanding and realizing the importance to be part of this uh new tool um of and its its importance in in dispute settlement about mediation when we look ahead in the Mina region uh there are advancement uh of of mediation
out of the 12 countries Saudi Arabia United Arab amates and Qatar seem to be the most proactive countries and the reason for that first of all they are or they do have economic Vision they need to be part of the global economy and they are all joined New York sorry Singapore convention or mediation with the except of the United Arab Emirates that's why uh for example Saudi Arabia adopted recently mandatory Medi I recently I mean almost two or 3 years ago which promotes the commercial mediation and makes it mandatory and this is a very Advanced
law in Saudi Arabia about specialization there are different types of um of mediators of course the maturity and the ecosystem of mediation is not like in Singapore or in Hong Kong in Hong Kong or UK but uh uh mostly there are family mediators there are are commercial mediators and there are also Community uh mediators regarding the odr in the region some of the institutions implemented platforms to facilitate the mediation like diak Dubai arbitration Center they have odr system also in Abu Dhabi the offshore Abu Dhabi Global Market and also in Saudi Arabia and they are
all having integrated odr and this odr is is growing now uh one of the projects um I'm leading now in Saudi Arabia is to establish a full-fledged Advanced mediation center with the odr and to be a role model in the region that and this project will be completed by the end of this year or maximum next early uh the first quarter of 2025 so the Mina region is a hub for um for the uh for the mediation um of course um there are some challenges that we can talk about this later but generally there is
a positive trend for mediation uh generally the um the the parties start realizing the importance of mediation um however in terms of the Civil Community the level of of participation and the level of uh of self regulatory like other jurisdictions are not in our me region uh however I would expect because of joining Singapore convention and the current internal uh uh I would say legislative and Judiciary reforms in in most of the Mina region uh the next I would say three to five years will witness further uh enhancement of uh of mediation uh I know
that uh uh we we are all uh uh I mean thinking of the time in in this time in this panel uh I would conclude my very short presentation by three key aspects one mediation has come to stay in our region because it is the best alternative now in terms of inflation and the uh level of conflict uh secondly I uh Echo the words of Dennis about the importance of encouraging and empowering the emerging talents we do have fabulous student students I have teaching and I met in in my courses and in in my teaching
uh so many passionate about mediation but they need the opportunity uh and that is our role the leadership the ownership uh of how to uh Empower and how to give support to these uh uh new uh talents and at the same time uh the third aspect uh uh we start the region start doing the benchmarking with other top rank jurisdictions uh I am proud to be part of Sidra Singapore International dispute resolution Academy and based on the surveys we have conducted in 2020 and 2030 uh there are a lot of capacity building projects in our
region I mean in the Mina region in order to integrate the new generation in order to facilitate the mooting and the competition of uh of mediation and most importantly to promote mediation among the civil Community because the Mina region being mostly civil Low Country the people are waiting the government to regulate the people think that the judicial mediation or judicial consolation is the best way to set their disputes so I would say we are almost in what we call um I mean uh first stage or ver 0.1 of mediation thank you again for the time
and it's is my pleasure to be with you at the time the midnight and uh I'm I'm I'm really was really pleasure to uh present the mean and I'm ready for any questions from you thank you okay thank you very much Louisa mind for this important uh vision of your regions and Country uh now our dear Gabriella the last but not least so I will make the presentation in English so that my dear Denise doesn't need to use the headsets which I understand it really it's not exactly nice although the the translators are great I
I tested before um which is rare by the way but um I would just like to say one thing in Portuguese if you don't mind because being the last one to speak after a long day of great speakers after all the compliments that Luciana deserves and I hope that she will deserve even more after this panel and and even even more after the four days uh I'm sure that everybody's tired this is just reality either you're tired because you just arrived in New York or you're tired because you arrived early but walked a lot and
most of us are not very used to walking a lot in our daily lives so New York is a great invitation to be tired so my demand in Portuguese because I'm not sure if I know how to say that in English is that if your neighbor is falling asleep please kuki hey kuki is like okay uh because we need this Collective energy and being present after pandemic we know the value of what it is to be present in one room and how much this Collective energy brings the best from us in us to us right
so I had planned to say something else but I changed completely which I I it normally happens to me uh but I like to go with the flow and I like indeed to to take profit of this Collective energy this is what this is my fuel uh so I'm going to talk about systems Alberto bcel is someone that I always admired a lot but I would say that today he inspired everything that I have to say uh not that the others didn't of course they did jph the Pao has also been a long time inspiration
to everything I do and for the work that I currently have and uh I'm now now the mediator doing an ombudsman work for the international labor organization in Geneva the reason why I have this job is because I was in the International Panel that joppi built for the funds and programs and you're going to hear um musek uh he will talk to us on Thursday musek was also uh someone that jeppe put in place and he's now the mediator for the funds and programs and I was one of the the International Panel serving his office
and then he invited all of us to to apply for his position when he was about to leave because his mandate was over and I did although I didn't think I had a chance but because I did that I kept looking for something that I was not looking before which was LinkedIn and then I got the job that I have now in the ILO because I applied to his job I didn't get any answer so I applied to Theo I got an answer and then three days after I landed in Geneva I got their email
inviting me for a Pano interview but anyway I don't know what would have happened otherwise I'm happy where I am and I thank a lot to I me to everybody that brought me here and I also have to thank New York because New York is where I found mediation and completely felt in love forever I came to NYU for masters in an llm In the comparison between the civil law system and the common law system because at the time I wanted to work with arbitration and arbitration s of transnational deals were normally based on New
York law this is why I needed to come to New York and to NYU because it was the only of such a kind of training so this is all to contextualize and I have also to thank New York because it's in New York that I had not just the wakeup call my my morning son of mediation I heard about it studying civil procedure it was really boring to study civil procedure and then I read one sentence about mediation and that woke me up and it was mediation is a process that helps people build Solutions where
everyone can feel included and I said this is what I have been trying to do and I didn't know that there was an aim for it and then I had in har in the Harlem Justice Center my first mediation train and and practice and then I went back to Brazil and I started trying to build the market out of zero um anyway but this is just to say why I'm talking about systems because it makes a lot of sense if we are you are all coming to New York to learn about the Genesis of the
mediation Market the mediation system and it also makes sense because as a Brazilian lawyer that I was I don't feel like a lawyer anymore sorry uh I haven't do done law for a long time but it's still in me of course and thanks to this that I believe I can help people not get there this is exactly why I wanted some experience in litigation my father was a big litigator I really admired him but I didn't want to do what he did so then I went for engineering and I ended up being a mediator anyway
this is a long story short and doing this translation of the systems was really important for me to do what I do now which is to mediate people from all over the world from cultures that I have never been to at a human level so I need to find the essential human being behind the many masks that people wear in the workplace so that I can sometimes do four cases in a day in four different languages in four different continents in four four different cultures for four completely different reasons and still be alive at the
end of the day so this is because my first training was how to build Bridges and how to see what we all want in common common and this is where we meet but when I say that I that I put that much importance on systems this is because I only believe in systems I don't believe in Stand Alone individuals we are nothing by ourselves we are everything because we are in relation to others we're only someone in this world because we had two people people at least that brought us here to this world no matter
how much we liked it the the conditions where we were born we are here today because of that beginning and because of what we made out of it right so only very very few individuals can really change systems and I then I need to to what do I mean by System a system is any group of living Parts where of course the group and the system that it builds is made by the parts but it also builds the behavior that we have in that system so we are all parts of many systems the original system
is of course the family but then we are parts of we are part of our soccer team group we're part of our school alumni group we are part of the professional environment that we worked a lot to belong and we are part of the group that came to the second New York mission uh driven by Luciana so in each group where we are a part we are a little different because of the effect of that big energy flowing around us and in inviting us to put out some angle of who we are because we are
immense and we are not the same everywhere right so when we many times say that mediation is not working in my country or in my field or because it's a cultural issue we hear a lot of that we heard some of this today uh I agree and I disagree when I remember a sentence that always comes to my mind when I talk about many things uh Peter duer said that um culture eats strategy for breakfast meaning strategies have no chance if it is not aligned with the culture I agree to that but I also kind
of disagree because if indeed culture eats strategy what is culture made of and I'm saying that culture is made of systems a system invitees someone to um destroy the urban Furniture so if you litter if you throw garbage in the street in a place where the street is nobody's it's not aoral I it's not immoral it's aoral oops right so it's okay to litter if that is going to cost a lot to the public wealth uh to to have the the garbage people passing many times a day that's not your problem right because it was
nobody's but in a system in a group in a place where the streets are clean you feel ashamed to throw anything on the floor because what is most likely to happen is that if you do people will look at you with a bad face and say this street is also mine so you don't have the right to to have my street dirty so this is how we build Culture by Behavior so it's always from inside out and from outside in there's no way of having the parts the the the the flows separated so then where
would the strategy come come from to be eaten by culture to work so if the systems build the culture and the culture eats the strategy what comes before the system and the only answer that I have found to this and I search a lot is natural law we're all natural beings there is a sentence from a Brazilian Doctor Who I had admire a lot who says it was not the microscope that invented the bacteria the bacteria was already there and may be a bad news it may be bad news to know that they exist but
they exist nonetheless right they were there they will still be there what the microscope does is first give us the bad news that bacteria exist so it's not just praying and and and doing whatever magic we would like so that the disease go away caused by the bacteria so but once we have the microscope and we can look at the bacteria and we can understand how it works we can do something better out of this reality and we have a better chance of survival so looking at what is natural is what is really in my
humble view our main potential to have a better world world that we all want to live in and this better world comes from acknowledging that we all belong to whatever result we get in other words every system works for whatever it was created but if we create a system to invite people to come to the Judiciary we may offer mediation and mediation can be beautiful but it's much easier to ask someone else to decide for us than to be responsible for our own decision making and for our mistakes and for the responsibility that we have
in whatever happened so in my work many times I have to tell people because I I They Don't Really choose me right the organization did but eventually they come to my office just to point fingers and say how their colleague is wrong and they are right and eventually I need to to help them feel uh at ease I'm not there to judge them but if they don't want to take any responsibility for whatever happened I have nothing to offer them because the process that I have to offer which is mediation and and the mediation family
because it's a a little broader uh is based on each one taking responsibility for their own actions and for the Transformations that they want to see to the extent possible and wherever the possible ends they can only deal with acceptance they can only deal with agreeing to what is and then seeing what is left for them to decide and if they want to have a complete solution they need to include others because many I'm saying that because many times people come to me not to go to mediation and that is okay because many 60% of
my cases I can solve with just the first person that comes helping the person person acknowledge this reality and then by changing themselves they change whatever is happening around them but when this is not enough to take them to a good place they need to understand that the other one will also have to take responsibility but we also have a share of the light and this is also acknowledging reality so coming back to the big systems and now I come back to the beginning because I know I have to close why are we mostly Brazilians
coming to the United States to learn about mediation and go back home and try to do something better with what is our reality in Brazil because in the United States there are many conditions that we cannot copy paste someone said that this morning we cannot copypaste a lot of conditions we can we need to understand that in the United States there is a big barrier to entering the courts it is very expensive it is very risky when you enter the Judiciary you have no power to control control the cost of uh forgot the word I
want to say um offering proofs uh Discovery Discovery yeah so Discovery can be Way Beyond what you planned for your client if you lose in court after having rejected a mediation opportunity where you were uh offered a certain amount for settlement you may have a lot more uh legal fees than you were expecting you don't control the legal fees of the other side if you lose or if you win but you could have won more in a mediation and so I'm I'm not the expert anymore I mean I used to be but it's been a
long time that I don't deal with the American system but what I am still very alert to is that it is the whole system that invites people for taking responsibility for their actions including the decision to enter the Judiciary including the decision not to decide not to decide is a decision and by helping people be aware of it because of the costs it sends people to mediation which doesn't happen in Brazil in Brazil we have a beautiful policy a beautiful concept of access to Justice by bringing everyone to the Judiciary into the Judiciary and then
outside is something else right because it is easy to get in but once you're in and you understand the cost that it's taking not just for time and I mean lawyers fees but also because of everything you lose throughout the process you're already facing what we call a sunk cost so the sunk cost is something that you cannot recuperate you cannot recover so the more you're into it the hardest it is to get out of it to make the decision to say well I cannot recover that anymore so let's look at the future and try
to have the the minimum loss possible from now on it is a hard decision to make especially because there are tons of emotions flowing all over and you hate the other party and at some point you don't want and my time is over probably I cannot read but I understand the movement anyway so coming to the to New York is a lot more than coming to Broadway although it's really nice it's a lot more than being this wonderful room with probably a lot of the few people that can change systems and this is very powerful
it is also about understanding how they get such a vibrant Market of mediation that we want for our country Brazil so thank you very much sorry for crossing the border of time good afternoon everybody just a second I have a few uh announcements I have to make before we continue with this awesome panel uh we are getting to the end of our time here at New York City Bar we are going moovly after to the Triple A uh H after we wrap up this panel I kindly ask that everybody goes outside and we need to
thank you please go on I'm sorry okay B uh if for for um [Music] um thank you very much l and our dear Gabriela so ah just a sec Kar came back canar I could I couldn't help to say thank you very much also for you because I need to to say that um besides the our our guard Angel here also in New York was canar nikin from CPR that helped a lot to this event happened so thank you all H Round of Applause of all those wonderful people here and also to Kar thank you
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