DIRECTED STUDY - TRAINING IN MEDIATION

Gabriel Adenni Teodoro

1. Who should participate in the conciliation? A relative of one of the parties can/should 'attend the
"reconciliation to better understand the process"

The parties, the parties' attorneys, the mediators, co-mediators, and, in some cases
opportunities, judge as mediator of conflict.
A relative will only be able to attend if the other party allows, however it is not
recommended.

2. Who can/must observe a judicial conciliation?

-Mediator, supervisor

3. How should the observer behave during the reconciliation?

During the mediation, the observer should only pay attention, not manifest.

4. Who should not be authorized to observe a judicial conciliation? Why?

Any unauthorized person by the parties, for the privacy of each one.

5. Who should present the observers and the supervisors? Why?

The mediator who is leading the mediation, at the time of the opening statement.
demonstrate control of the situation and pass confidence to the parties.

In the Judicial Mediation Manual, it is indicated that 'a lawyer who has their value
recognized by the conciliator and, through appropriate techniques, be encouraged to
so, tends to develop an appropriate behavior for the efficient resolution of the
dispute" Why? Using your own words indicate how this can be done.
receive lawyers before the conciliation. Do the same indicating how to proceed in
a statement of opening.

Validating the lawyer's speech, welcoming the lawyer attentively, demonstrating the
importance of lawyers in mediation/conciling. In the opening statement, give
welcome e to enhance a importance of the lawyer acting to assist in
mediation/conciliation.

7. What are the advantages of the conciliator welcoming with a smile? Are there others?
what are the forms of non-verbal language that also assist in reconciliation?

A relationship of trust involves impartiality and receptivity. Non-abrupt gestures, with the
hand, for example, when you need to interrupt; look into the eyes to create connectivity
with the people, posture of attentiveness to the speech of the parties.

8. How are interruptions between the parties managed during the information meeting phase?
The conciliator must allow the party that is interrupting the other to finish their
idea? Why?
The mediator must make the rule of non-interruption clear, so that it does not allow for
part to finish your idea at that moment of interruption. The mediator can offer a
paper, a glass of water, or take a break in the session so that new interruptions do not occur.
happen.
9. What is recontextualization? Give an example.
 Technique used for the parties to have another perspective of their own.
speech, highlighting the positive points and making the interests appear.
For example: when the parties argue over the custody of a child and the conciliator emphasizes the
common interest in them, which is the well-being of the child and that both are willing to
take care of that child.

10. What is the hearing of implicit proposals? Give an example.

It is to actively listen to the part, in order to extract from its speech the real interest and the issues.
identified.
Example: the parent says that they want to be relieved from the obligation to pay alimony, as they do not
trust the mother of the daughters. The conciliator can extract from this speech that the father does not
he is willing to pay for child support, but wants the payment to be made directly to the daughters
or that the mother presents receipts for the expenses.

11. Why is affection an important technique for the conduct of reconciliation? Give
an example.

-So that the part continues to do what was beneficial for the mediation and was reinforced.
positively.
Example: the respondent behaves in a friendly manner, also wants to resolve the dispute.
The mediator praises the stance of the party and shows the common interests in that situation.

12. What is a private session? Is it appropriate to conduct only private sessions with a
the parts? What is role reversal? What are the recommended precautions for the
application of this technique?

This technique is used so that one party is heard separately from the other party, from
way to have more freedom and gain the mediator's trust. It can only be carried out
with all the parts, individually, with the same time and rules.
The role reversal seeks to show the other side of the story to the other part, in an empathetic way.
The recommended precaution is always to notify the party that, just as it was done with
he/she will also be with the other party, so that impartiality is maintained.

13. What is option generation? Give examples of speeches that generate options?

It is to encourage the parties to seek options to resolve the dispute. Through

questions, to make them think of previously unknown alternatives or
discarded.
Example: the defendant offers a settlement proposal in the amount of R$1000.00 and the plaintiff
is limited to accepting only the amount of R$5000.00. The conciliator emphasizes that it has
other intermediate values between R$1000.00 and R$5000.00, with that they themselves
they suggest other values until they reach a consensus.
We can also encourage the generation of options for food and visits.
paternal, such as negotiation of frequency and values.

14. What is normalization? From the perspective of conflict theory, why is this technique used?
important evidence for the reconciliation?

-Technique used so that the parties feel welcomed and not judged, as the conciliator
normalize the conflict experienced there. It is important because at the moment we recognize the
difficulty, we seek solutions for it. The conflict, when seen as something normal and routine,
generates maturity and assigns responsibility to those who are trying to solve it
lo.

15. What is the prospective approach? Why is this technique more applicable in processes?
autocomposites than in heterocomposite processes?
 Technique that makes the parts not look to the past, but rather to the future,
seeking to resolve the conflicting situation. In heterocompositive processes, there is an assignment
of guilt, therefore the past comes to light so that the statements of the parties can be proven. In
self-composition, the focus is on resolving the conflict and not on assigning blame.

16. Why is reality testing often confused with lack of impartiality?

conciliator? What can be done to prevent the reality test from affecting the rapport between
the conciliator and the parties? What are open, closed, and restricted questions? Give
examples.

Because the mediator must encourage the party to step out of their limited worldview,
that causes discomfort at that moment. The mediator must always make it clear that everything
It will also be done with the other part, giving preference to individual sessions and showing
reliability aside.
Open questions: provide space for the party to respond, without influencing the answer.
What did you feel upon hearing this? What works better for you?
Closed questions: are answered with only no and yes, there is no space for
greater clarification. For example: Did you hit the car? Do you agree with the request in the initial petition?
Reflective questions: They make the person reconsider some issue. E.g.: What do you...
What do you think you would do if you were in his place?

17. As mentioned in the Judicial Mediation Handbook, conciliation develops better

if the interests and issues present in the conflict are correctly identified. A
The issue is a topic for discussion that can be resolved in conciliation. In other
words, the issue is a controversial point. Thus, issues are not related to the
personality, values, and religious beliefs of the parties; it has, therefore, an objective nature.
As a rule, an experienced conciliator when identifying issues, does not turn to a
need, positioning or solution of only one of the parties and records the
question in a synthetic and neutral manner. The role of the conciliator is to frame a
question, with the intention of confirming with the parties their understanding of what they desire
discuss without this identification being perceived as a prejudgment by
part of the facilitator. Based on the speeches below, identify the issues and interests.
real.

(From the businessman to the conciliator) I do not accept her going to my workshop and taking away
your car from the parking lot without my permission. Especially after the absurd things she
spoke in front of other customers.
I am tired of being treated with disrespect. I arrive on the day...
they promised the repaired car and received a bill 60% higher than the budget
What was given is a disrespect, don't you think?
Question: Communication; Car repair or just 'car'.
Interest: Both have the interest of being respected, of respecting each other, of
car will be repaired in the best possible way and at a fair price.

a) (From the contractor to the conciliator) I told Ricardo that it would only be possible to finish
in less than six weeks if we had no problems with the foundation. The
the land had every stone that needed to call in people from outside to clean the area. I had
that I pay for these assistants out of my own pocket and I didn't even ask him to cover this expense. The
the time the people stayed still was exactly while I was seeking this support
I have to manage my bricklayers and assistants strictly. It's not possible to
do this if he curses me and then calls me lazy in front of my family.
employees.

From the entrepreneur to the mediator) I needed to finish my bakery before the
year-end recess - when everything comes to a standstill. He had told me that
We could finish in six weeks, which would give me two good months.
 profitability before this recess. Then came a series of stories about problems
but on the three times I went to see the work, half of his employees were chatting.
into the air. There came a moment when I really lost my mind and at the time of
to settle the final adjustment, I suggested that he bear part of the loss.

Questions: Deadline for the completion of the work, damages caused by the delay.

completing the work, respect of the entrepreneur towards the contractor

b) (From a patient's husband to the conciliator) I told Tereza that I would always be there
next to her, even in the most difficult moments. Now with her in the ICU I cannot
go back and pretend that I promised her nothing. I do this because I know she needs
mim!

From the head nurse to the conciliator: In our hospital, we have always cared for
best possible treatment for our patients and their families. I understand that the
Mr. Jurandir wants to take care of his wife, but we cannot let him stay there because
would put the life of Mrs. Elizabete and other ICU patients at risk.

Questions: Should a husband accompany his wife to the hospital or not

Interests: to look after Tereza's health, to take care of her

(From the contractor to the conciliator) I told Thomaz I would only continue the work if
he assured me that I would not have to pay for the damage caused by the rain.
The storm that hit Brasília was an unforeseen event and a force majeure – the coverage of the house with
the tarpaulin would not prevent the rain from wetting the slab and after that there would definitely be seepage.
Now that I finished the work, he is saying that he needs to withhold R$ 5,000.00 to
cover the costs of internal repairs of the house. I expressly told him that only
I would continue the work if he guaranteed me that he would pay the entire outstanding amount in the contract.
This is not correct!

I have as my main source of income

a house that is rented for a law office, some time ago my
the tenant has complained about leaks and that's why I hired an excellent company to
engineering to renovate the roof. In Brasília, it never rains during the winter period -
or rather, almost never - for this reason, I asked them to start the work only
in June and still covered the work with a tarp at night and on weekends
– for the eventuality of it raining. On a certain Friday, the master of
he forgot to have the workers cover the roof with the tarpaulin. On the day
The next day it rained and my tenants called me furious saying that water came in.
processes and on a computer. When I brought this up to Pedro, he told me that
Even if it had been covered, there would be no way to avoid wetting the slab. It's not quite like that.
The rain was a moderate rain and I would accept this loss if it really had
properly covered the roof. Our conversations did not evolve well and I ended up
having to tell him that I would pay the remaining amount in full under the penalty of him
abandon the work – even at the risk of more rain and all of us having more
losses. I told him I would pay because it was the only way to assure me that I
there wouldn't be an even greater loss. In fact, I am willing to pay everything, as long as I
may compensate for the loss that my tenant suffered.

Issues: Damage to the work caused by rain

Interests: to resolve the situation; to pay the agreed amount, but not the unforeseen.
(From the driver to the conciliator) The fact that I overtook on the right and hit him
it doesn't mean that the fault is exclusively mine. Moreover, the repair of a car
Something that is popular and didn't flop can't cost R$ 5000. I won't pay that amount.
for nothing in this world, especially after the things he told me on the phone!!

(From the other driver to the mediator) If he thinks he is not at fault for the accident.
Why did you run away from the place? I had a hard time locating you and after showing pictures
Regarding the accident and his car at the location, he still tried to escape responsibility.
Yes, pay!

True culprit of the accident, cost of the repair

Pay for the car repair and not be recognized as responsible for it.
accident

e) (From the neighbor to the mediator) I will never take the wall down. I built the wall.
after seeing his dog relieve itself on my property at least 5 times
times. The last time I went to talk to him, Pedro told me that dog
was born to be happy! He said he would build the wall and he told me to do what I
I wanted. I did.

When I came back from the trip, I noticed the wall.

dividing the two plots. He built the wall where he thought would be the place of the
he divided two plots of land but made a mistake. And now the only thing he says when I go
talking about this is that it was all because of my dog - what a
Does a dog have to do with a wall?!?!

Issues: Dog dirt, wall built in the wrong place.

Interests: that the dog does not make his mess on your land. That the wall is
in the right place.

f) (From the training center director to the conciliator) We organized a training

at international standards at a local cost. Because we have top-notch instructors, not
we can invite them to teach in a second-class place. What
We charge for the training, and it is well within the standards practiced in the market.
I was surprised by Ricardo's irritation and especially by his refusal to
pay for the training that was offered. The fact that it was in a beach house
it only motivated the students - all had attendance above 95%.

From the businessman to the conciliator: We signed a contract that is quite vague regarding the
request for reimbursement of expenses with property rental and location of
training. Even so, it's hard to imagine that someone would take my employees.
for a training in another city without consulting me first!!

Who will pay for the training, location of the training.

Interests: the fulfillment of the contract, non-payment for what was not agreed upon
by the parts.

g) (From the businesswoman to the conciliator) I have been investing in real estate for a few years.
I was recently offered a property of 2000 m2 that was being documented.
in a few weeks. We signed a promise of purchase and sale contract, as
Six months have passed without the property being deeded, I made a withdrawal with the
seller and he just gave me back the deposit. When I went to ask the broker that
he returned the brokerage fee, he was very rude to me. Normally, who
the seller pays the commission. After a lot of pressure from the brokers, I ended up
 accepting to pay R$ 10,000.00 but the deal didn't work out. So they have to me
return this value.

(From the broker to the conciliator) In fact, there was a payment of brokerage fees by
a business that succeeded – they signed the purchase and sale promise contract.
If Tereza no longer wants the land, it's her problem. I don't think I should return it.
brokerage fee just because it took a little longer than expected to
property registration.

Questions: Whether to refund the brokerage fee or not; to know if the transaction was valid or not

Interests: Fulfill the agreement between the parties, return or not the amount.

h) (From the consumer to the conciliator) I was very scared when I saw my son
vomiting and, practically, fainting, saying that he was feeling unwell. Only later
After an hour in the hospital, I found out it was food poisoning from the milk.
chocolaty that I gave him for breakfast. In the hospital, I saw two other fathers with
children in the same situation. When I called the company they denied any
problem with their product. Only after a week did they admit it and
They collected the product from the supermarkets. I am asking for R$ 10,000.00 in damages.
materials and morals not only because of what I went through but to be sure that
no other mother will have to go through the same suffering that I went through.

(From the representative to the conciliator) We deeply regret the suffering of Mrs. Tereza,
In fact, we issued a recall of the chocolate drink as soon as it was confirmed that it was about
from a failure in the production line. We cannot say that a specific
the product is having issues only because of two or three phone calls and already
we offer medical assistance for those parents who requested it. However, the amount
The order is beyond our scope.

Questions: the value of the damage caused, since it has already been acknowledged by the company.

Interesses: Mãe: indenização e prevenção de futuras intoxicações

Company: medical assistance, repair the damage.

I saved for four months to be able to buy

a good bed with a good mattress. I went to the store to see the bed I wanted three
times. When I finally managed to save the money, I went to the store and paid for it.
view. At the time of delivery, I realized they used a matte lacquer when I had
the bed frame was shiny and the slats of the bed were warped. Well, I replaced the bed.
Exactly because my old one gave me back pain. Getting a new bed
with warped slats it's no good! When I went to the store to complain they said that I
I should have complained at the time of delivery, and they treated me very badly. Moreover, when I went
complain to the carrier they said that since the defect was not from the delivery and
Yes, I should complain to the store about the manufacturing issue. I have been having this problem for two.
Months pass and it enrages me the way I am being treated.

In our request, there is a bed with lacquer.

shiny and the delivery record states that a bed with lacquer was delivered
shiny. I mentioned to Mrs. Tereza that she could resolve this situation if she
I took the bed out or struggled with the transport of the bed to the store. I don't have it.
how to go to her house to see the bed and the slats. That is why there is a need for
if you sign the goods receipt term - to record failures of this kind. If
she doesn't remember the name of the person who treated her badly in the store I can't
to call this employee's attention...
 Questions: the delivery of the bed different from the one purchased and how to transport the bed to the
company for issue resolution.

Interests: Fixing or changing the bed, resolving the wrong delivery.

j) (From buyer to the conciliator) I bought a Gol in good condition from Ricardo.
conservation and I paid with R$ 2000.00 in cash and three checks of R$ 1000.00
but my old car was a Chevette. But when I went to transfer the car
for my name the DUT he had given me was old - the new DUT indicated
that the car was under fiduciary alienation - which means it was in the name of a
Bank. He sold me a car that wasn't his! At that moment, I stopped the checks and dealt with it.
to try to undo the deal. When I finally found him, I learned that he
I was furious because I had stopped the checks - that was all that was missing! Now I just want
my car back and my money. If the car cannot be in my name I want
undo the deal.

From the seller to the mediator) At the time of the sale, I told Tiago that he
I should wait three months to transfer the car to his name. I explained that
I was giving a DUT to him but he needed to wait for me to resolve a few things.
things at the bank first. With the first check I made a deposit for a machine.
churros and I still need to pay the rest because the other two checks were stopped. I don't
I have a way to make money and pay off the end of the financing for the Gol if I'm not.
working - selling churros - I cannot return the R$ 2,000.00 in
money not even the R$ 1,000.00 from the check that has already entered and is with the seller of
churro machine. If he had called me on the day there was a problem at the Detran, I would
I would have explained it to him again. I have no problem undoing it.
business, but for that he first has to release the checks so that I can
continue to work.

Questions: car documentation and stopped checks

Interesses: Comprador: resolver a documentação ou desfazer o negócio.

Seller: work to pay off the car and transfer the documents.
k) (From the consumer to the mediator) I bought the ticket two months ago and when I went
I was informed that the airport was closed and that I could reschedule my
one-way trip at no cost, but if I were to change the return trip, I would have to pay a fee.
a fee of almost R$ 100.00. I found it outrageous because my trip to Salvador would take
just a long weekend. Of course, I will reschedule this trip for another time.
I want to change the return as well at no cost. I think they are violating my rights.
consumer rights and I have the right to reschedule the ticket without cost and damages
morals

(From the representative to the conciliator) The record we have indicates that a proposal was made.
reaccommodation on the next flight that would leave in 12 hours and Mr. Tiago did not accept. How
we could make him arrive at the destination with less than a day of delay
There was no offer to change the return flight without paying a fee.
administrative.

Questions: rescheduling the ticket with or without cost.

Consumer: reschedule at no cost.

Agent: reschedule with cost, as they offered another flight option.

18. As indicated in the Judicial Mediation Manual, after the conciliator has asked the last
the party wishing to express something further must summarize the whole
controversy thus far presented, examining the main issues at play, such as
also the underlying interests along with the parties. It is recommended that one does not
make the summary right after only one of the parts has manifested, because, by doing so
during the proceeding, the conciliator may imply to the other party that they are endorsing the point
from the presented viewpoint. This joint summary of the parties' speeches – also called
of a single text summary, for placing two perspectives in a single description -
it is of utmost importance, as it provides direction to the reconciliation process and,
above all, it centralizes the discussion on the main aspects present. For the conciliator,
it is an effective organization of the process, as a version is established
impartial, neutral, and prospective (i.e. oriented towards solutions) of the facts identifying what they are
the issues to be debated in the reconciliation and what the real interests are
needs that the parties have. For the parties, it is a mechanism that
will assist in the understanding of the issues involved without a judicial tone to
debate. It should be noted that through the summary the conciliator must present a
version that implicitly shows that conflicts are natural in any relationships
human and that it is up to the parties to seek the best possible resolution in light of the context
existing. This implicit demonstration that conflicts are natural and that the parties do not
they should be ashamed for being in conflict is commonly referred to as
normalization. In the following exercise, one should, based on the same speeches of
previous exercise, create a summary that makes the parties realize the way
positive and the interest in restorative practices that the conciliator has focused on
controversy. Try to summarize it by giving the conflict a more positive perspective.
possible.

Example: (From the businessman to the conciliator) I only fixed this car within three days.
because Dona Telma is the sister of Pedro, a great friend of mine. I tried to call her several times.
times to say that we would need to replace the seal to stop the leak from
oil. She didn't return the calls and I ended up treating her car as if it were the car of
Pedro. Then she didn't want to pay and even insulted me. I won't accept her coming to my workshop.
and remove your car from the yard without my permission. Especially after the absurdities
that she said in front of other clients. (From the client to the conciliator) I disagree.
with the cost of the repair - especially because the budget that was given to me had a
30% lower value. I'm tired of being treated with disrespect. To reach the day when
they promised the car repaired and received a bill 60% higher than the budget
It was given is a disrespect, don't you think? Summary: From what was presented until the
I notice that both had an apparently positive professional relationship and
with high expectations regarding his development. Mr. Plínio would like to have the
the largest number of clients possible in her workshop and Dr. Telma would like to have a
trust office. This expectation was not met when there was a failure of
communication at the time of conveying the value related to the budget. Of the speech that both
It seems to me that both are interested in having the car very well repaired.
for a fair value. More than that, it seems to me that both have the interest of being
respected and having respectful relationships. I think we have two issues to discuss
In this reconciliation, the first is the issue of communication and the second is the issue of value.
of the car repair.

a) (From the contractor to the conciliator) I told Ricardo that it would only be possible to finish
in less than six weeks if we had no problems with the foundation. The
the ground had every stone that I needed to call people from outside to clean the area. I had
to pay on the side for these assistants and I didn't even ask him to cover this expense.
the time that the people stood still was exactly while I was seeking this support
additional. I have to manage my bricklayers and assistants strictly. It's not possible to
do this if he insults me and then calls me lazy in front of my
employees.

(From the entrepreneur to the mediator) I needed to finish my bakery before the
end of year recess - when everything comes to a halt. He had told me that
 we could finish in six weeks which would give me two good months
profitability before this recess. Then came a series of stories about problems.
But on the three times I went to see the work, half of his employees were chatting.
for the air. There came a moment when I really lost my head and at the time of
to settle the final amount, I suggested that he bear part of the loss.

Summary: From what both indicated, it seems to me that... both of you have the intention to
finish the bakery work as quickly as possible, however, because of
unforeseen events, the contractor took longer than expected to clean the area, the
which is normal, since unexpected situations can occur in any construction. The most
The important thing is that both want to resolve all of this in the best possible way and
wish to finish the work, as previously agreed. For that, you two
they want to be respected, in order to decide who will bear the unforeseen expenses.

b) (From the husband of a patient to the conciliator) I filed this action because the hospital
does not allow me to see my wife. In the first week that she was in the ICU I
I stayed there for at least six hours a day. And I intend to continue like this. I told Tereza.
who would always be by her side, even in the most difficult moments. Now with her
In the UTI I cannot go back and pretend that I didn't promise her anything. I do this because I know
that she needs me!
(From the head nurse to the conciliator) In our hospital, we have always cared for
best possible treatment for our patients and their families. I understand that the
Mr. Jurandir wants to take care of his wife but we cannot let him stay there because
would put the life of Dona Tereza and the other ICU patients at risk.

Summary: Okay. Allow me to make a brief summary to make sure I understood well.
What both of them said... You both want the well-being and health of Mrs. Tereza.
for this the husband thinks it would be better to stay all day with her at the hospital, at
meanwhile the nurse told us that the ICU rules do not allow him to stay there
all day at the location, even though she understands that he just wants to do the best for her
wife. In this way, as both of you want the best for Mrs. Tereza and also
We know that there are rules at the hospital that must be followed, let's look for them together.
a solution for the case.

c) (From the contractor to the conciliator) I told Thomaz that I would only continue the work if
he assured me that I would not have to pay for the damage caused by the rain.
the storm that fell in Brasília was an unforeseen event and force majeure – the covering of the house with
the tarpaulin would not prevent the rain from wetting the slab and after that, of course, there would be infiltration.
Now that I have finished the work, he is saying that he needs to withhold R$ 5,000.00 for
cover the costs of internal repairs of the house. I expressly told him that only
I would continue the work if he guaranteed me that he would pay the entire outstanding amount in the contract.
This is not correct!

I have as my main source of income

a house that is rented for a law office, for some time now
the tenant has complained about leaks and that is why I hired an excellent company for
engineering to renovate the roof. In Brasília, it never rains during the winter period -
or rather, almost never – for this reason, I asked them to start the work only
in June and still covered the work with a tarp at night and on weekends
– for the eventuality of it raining. On a certain Friday, the master of
He forgot to tell the workers to cover the roof with the tarp. On the day
then it rained and my tenants called me furious saying that water came in
processes and on a computer. When I asked Pedro about this, he told me that
Even if it had been covered, it would not have been able to prevent the slab from getting wet. It's not quite like that.
The rain was a moderate rain and I would accept this loss if it really had
the roof was properly covered. Our conversations did not evolve well and I ended up
having to tell him that I would pay the remainder in full under the penalty of him
 abandon the work - including the risk of more rain and all of us having more
damages. I told him I would pay because it was the only way to assure me that I
I would not incur an even greater loss. In fact, I am willing to pay for everything, as long as I
may compensate for the loss that my tenant suffered.

Summary: Let me see if I understood correctly... you made a service provision contract
service for the contractor, whom you (owner) acknowledge to be part of a
excellent engineering company, renovated the property and solved the problem of the
infiltrations. You both agreed to do this at a time that is not common
it rains here in the region and, therefore, it would be easier to renovate. However, for
to the surprise of both, it rained and the contracted company had not covered the roof with the
lona, because the rain was not predictable for either of them. Thus, both of you
they incurred losses, as the work was delayed and they had costs with new materials, in addition to the
damages caused to the tenants. Thus, the two were upset because they were not
They were waiting for this rain, and ended up at a loss.

The fact that you passed on the right and hit him
it doesn't mean that the blame is exclusively mine. Moreover, the repair of a car
Popular cars that don't have roof damage can't cost R$ 5000. I'm not going to pay this amount.
for nothing in this world, especially after the things he told me on the phone!!
(To the other driver for the conciliator) If he thinks he is not at fault for the accident,
Why did you run away from the place? I had a lot of trouble locating you and after showing pictures
About the accident and his car at the scene, he still tried to escape responsibility.
What to pay yes! Summary:
From what you told me, it seems that neither of them really wanted to cause this.
this accident was not intended to cause these damages to the car. The important thing is for us to
focus on the future, now that the facts have already happened and we can no longer change them
let's think together of a solution that works well for both parties. As for the
car repair, what price do you think it would cost to fix it?

(From the neighbor to the conciliator) I will never take the wall down. I built the wall.
after seeing his dog do its business on my property at least 5 times
times. The last time I went to talk to him, Pedro told me that dog
was born to be happy! He said he would build the wall and he told me to do what I
I wanted. I did.

(From the second neighbor to the conciliator) When I returned from my trip, I noticed the wall
dividing the two plots of land. He built the wall where he thought the boundary would be.
two pieces of land but he was wrong. And now the only thing he says when I go
talking about this is that all this happened because of my dog - what a
Does a dog have to do with a wall?!?!!

Summary: From what you both said, you want the well-being of the neighborhood and value it.
for the good coexistence of society. For this, the neighbor thinks that dogs do not
must make a mess on the land of other people. Likewise, the other neighbor
do not agree to have a wall in a perhaps wrong place. It seems to me that you
I hadn't understood that the purpose of the wall is to keep the dog away. So, in light of this
A situation that is normal among neighbors, how can we resolve these issues?

e) (From the training center director to the conciliator) We organized a training

at an international standard for a local cost. Because we have top-notch instructors, not
We can invite them to teach in a second-rate place. What
We charge for the training, which is well within the standards practiced in the market.
I was surprised by Ricardo's irritation and especially by his refusal to
pay for the training that was offered. The fact that it was in a beach house
only motivated the students - all had attendance above 95%.
 (From the businessman to the conciliator) We signed a contract that is quite vague regarding the
request for reimbursement of expenses with building rental and location of
training. Still, it's hard to imagine that someone would take my employees.
for training in another city without consulting me first!!

Summary: Let me see if I understood what you told me, the businessman, for having
trust in the coach, hired him to conduct training for his students. To
therefore, they made a broad contract that did not limit the expenses for reimbursement of
expenses related to the rental and location of the training space. Both agree
that the event was good and that the location helped for the audience to participate. In
Meanwhile, the issue of costs for this part has not been fully resolved between you.
event.

(From the businesswoman to the conciliator) I have been investing in real estate for a few years.
I was recently offered a property of 2000 m2 that would be getting registered.
in a few weeks. We signed a purchase and sale promise contract, as
Six months have passed without the property being deeded. I made a settlement with the
seller and he just returned the deposit to me. When I went to ask the broker that
he refunded the brokerage fee, he was very rude to me. Normally, who
Pay commission to the seller, after a lot of pressure from the brokers I ended up accepting.
pay R$ 10,000.00, but the business didn't work out so they have to refund me this
value.

(From the broker to the conciliator) In fact, there was a payment of brokerage fee by
a business that succeeded - they signed the purchase and sale promise contract.
If Tereza no longer wanted the land, that's her problem. I don't think I should return it.
brokerage value just because it took a bit longer than expected
property bookkeeping.

Summary: From what you told me, you conducted a business deal, the businesswoman.
bought a property shown by the broker, for he had been attentive to her and
showed all the benefits of that property. The property was not deeded on time.
combined, which, despite being bad, is completely normal, as it depends on others
people to be realized. It is also normal for her to be upset with the
situation, as what was agreed was different. Thus, both of you want to resolve in the
the best way possible, so that no one leaves dissatisfied.

g) (From the consumer to the conciliator) I was very scared when I saw my son
vomiting and, basically, fainting saying that he was feeling unwell. Only after that
After an hour in the hospital, I discovered it was food poisoning from the milk.
the chocolate drink I gave him for breakfast. At the hospital, I saw two other fathers with
children in the same situation. When I called the company they denied any
problem with their product. Only after a week did they admit it and
they collected the product from the supermarkets. I am asking for R$ 10,000.00 in damages.
materials and morals not only because of what I went through but to make sure that
no other mother will have to go through the same suffering that I went through.

(From the representative to the conciliator) We deeply regret Mrs. Tereza's suffering,
In fact, we launched a recall of the chocolate drink as soon as it was proven that it was
of a failure in the production line. We cannot say that a certain
the product has problems just because of two or three phone calls and already
we offer medical assistance for those parents who requested it. However, the amount
the request is beyond our authority.

Let me see if I understood from what you told me, both were startled.
with the fact that the boy felt unwell with the product, it was totally unexpected. In
the moment the company was certain of what had happened, it removed the product from the market,
 because, just like the mother, the company did not want other children to run the
same risk. In this way, the company already acknowledges the mistake and agrees with the
payment, but cannot bear the amount requested by the mother.

I saved for four months to be able to buy

a good bed with a good mattress. I went to the store to see the bed I wanted three
times. When I finally managed to save the money, I went to the store and paid the
view. At the time of delivery, I noticed that they applied a matte lacquer when I had
the order was shiny and the bed slats were warped. Well, I changed the bed.
exactly because my old one gave me back pain. Getting a new bed
with warped boards it doesn't work! When I went to the store to complain they said that I
I should have complained at the time of delivery and they treated me very badly. Furthermore, when I went
complain to the carrier they said that since the defect was not due to the delivery and
Yes, regarding the manufacturing defect, I should complain at the store. I've been having this problem for two.
for months and it infuriates me the way I am being treated.

(From the representative to the conciliator) Our request includes a lacquered bed.
shiny and the delivery record states that a bed with lacquer was delivered
shiny. I mentioned to Dona Tereza that she could resolve this situation if she
I had trouble with the bed or with the transport of the bed to the store. I don't have.
how to go to her house to see the bed and the slats. That is why there is a need for
if you sign the goods receipt term - to record failures of this type. If
she doesn't remember the name of the person who treated her badly in the store I have no way
draw the attention of this employee...

Summary: From what you told me, both agree that the request made was the
from a bed with shiny lacquer. After the delivery, the consumer noticed a
possible exchange of the bed. To solve the problem, the store needs to see the bed and does not have
how to transport it.

i) (From the buyer to the conciliator) I bought a Gol in good condition from Ricardo.
conservation and I paid with R$ 2,000.00 in cash and three checks of R$ 1,000.00
but my old car, which was a Chevette. It's just that when I went to transfer the car
for my name the DUT he had given me was old - the new DUT indicated
that the car was under fiduciary alienation - which means it was in the name of a
Bank. He sold me a car that wasn't his! At that moment, I stopped the checks and took care of it.
to try to undo the deal. When I finally found him, I learned that he
I was furious because I had canceled the checks - that was the last thing I needed! Now I just want...
my car back and my money. If the car cannot be in my name, I want
undo the deal.

From the seller to the mediator: At the time of the sale, I told Tiago that he
I should wait three months to transfer the car to his name. I explained that
I was giving him a DUT but he needed to wait for me to sort out a few things.
things at the bank before. With the first check, I put down payment on a machine to make
churros and I still need to pay the rest because the other two checks were canceled. I do not
I have a way to make money and pay off the financing for the Gol if I am not.
working – selling churros – I have no way to return the R$ 2,000.00
money nor the R$ 1,000.00 from the check that has already been deposited and is with the seller 346
churro machine. If he had called me on the day there was a problem at the Detran I
I would have to explain it again to him. I have no problem undoing it.
business, but for that he has to first release the checks so that I can
continue working.

Summary: According to what you told me, you bought his car and as a way
the payment gave a car, plus R$2000.00 and three checks of R$1000.00. How
you know each other and trusted one another, it was agreed that the documentation
 would be changed later. However, when you saw that the documentation did not
She was ready, she stopped the checks. He needs the checks to proceed with
Your job is to pay off the car, as agreed between you.

j) (From the consumer to the conciliator) I bought the ticket two months ago and when I went
I was informed that the airport was closed and that I could reschedule the
one-way trip without cost but if I were to change the return I would have to pay a fee
almost R$ 100.00 fee. I found it absurd because my trip to Salvador would take a long time.
just a long weekend. Of course, I will reschedule this trip for another time.
date and I want to change the return as well at no cost. I think they are violating my
consumer rights and I have the right to reschedule the ticket at no cost and damages
morals

(From the appointed representative to the conciliator) The record we have indicates that an offer was made for a
reaccommodation on the next flight that would leave in 12 hours and Mr. Tiago did not accept. How
we could make him arrive at the destination with less than a day's delay
There was no offer to change the return flight without a fee.
administrative.
Summary: As I was told, the purchased ticket was canceled.
but the company offered other flight options, including on that same day.
For the return, so far there has been no possibility of it being free of charge, which is the
consumer's claim at this moment.

19. After having identified, in the previous exercise, what the feelings are, validate the feelings.
the parts, as if they were in an individual session linking the feeling
identified a real interest that has generated such a feeling. Since there are several
respostas corretas possíveis, para cada hipótese apresente duas formas distintas de
validate feelings. When proceeding with this validation of feelings, try to make use of
neutral and productive language for reconciliation.

Example: I gave Teresa everything a woman could want from a husband: clothes, I paid for the
after her studies, I supported her parents by buying a house for them, and now she comes to tell me that
wants to get a divorce for having another – this is very unfair!!
1. - Pedro, from your speech it seems to me that you are feeling unrecognized after having
made to be a good husband.
2. - Pedro, after hearing you, it seems to me that you are feeling upset too with the
fact of having worked very hard in many different ways to dedicate yourself to your marriage and to
Teresa and at the same time not receiving recognition for everything she has done.

He should have called me and provided the estimate in writing. He had the courage to
fixing the car without consulting me. Now you're presenting me with this outrageous amount...
1. - I understand that you thought there should have been more communication between you at the time of
to fix the car.
I realized that, for you, it was important for him to have made a prior communication before
make the car repair.

I always strive to serve all my clients in the best way possible. Dona Teresa is a sister.
from a very special client, which is why we made the repair without consulting you beforehand.
Another thing, I consulted Dona Teresa's brother who told me that he could proceed with the repair.
Only later did I find out that the two fight like cat and mouse. She arrived at my workshop.
insulting me. It was absurd!
I understand that you tried to do your best, that's why you consulted her brother before
repair the car.
It seems that you did what you thought was right, you informed her brother, but he did not pass on the message.
and that's why you're not feeling recognized for the work done on the car.
When I arrived at the furniture store with my wife and my mother-in-law, I went to buy a crib. When
after the choice and at the time of payment, the employee told me that she could not sell me the
deadline because my name was dirty. I have always paid all my bills and due to this bank's mistake
It's just that I had to go through this embarrassment in front of my mother-in-law.
I understand that you felt embarrassed about the situation in the store.
2. – I understand that you want to resolve the situation with the bank, because you felt ashamed of your
mother-in-law when prevented from buying the crib.

I do not accept my neighbor addressing me in that way. The only thing I did was delay.
when it comes time to return the drill. I have always been very correct in my business dealings and will never accept
to be called a thief.
It seems to me that you feel offended for being called a thief wrongly, already
that only delayed in returning the drill.
I understand that you felt uncomfortable with the situation of being called a thief.
My wife had asked me on three different occasions to hang a picture.
In these three times, I sent a message to Tiago asking him to return the
drill. The only reason I was upset with him is that he promised, on two occasions
different, that he would return but did not fulfill. I did not want to have been so aggressive with him but,
This way doesn't work either, does it?
I understand that you were upset because Thiago didn't return the drill.
It seems to me that you got upset because you needed the drill to hang the frames.

I did everything to treat him with respect and courtesy. I never deserved to be treated like that.
that he let me go.
I understand that you felt disrespected in that situation.
I understand that you want to be treated with the same respect that you treat other people.

I worked for the company for 3 years. I gave them everything of me. I never shirked from
my duties and I never complained about not receiving much credit. Now they tell me that
I have to step aside and let a beginner colleague take charge. It is really unfair.
I understand that you are not feeling the professional recognition that you know you deserve.
From what you said, it seems that you wanted greater recognition for everything you did.

I did everything a brother could do. I spent a lot on his education. After all that, he
he still had the courage to ask us to divide the farm in half.
I understand that you did your best to help your brother and that you didn't feel that he gave the...
due value to this.
It seems that you felt a lack of recognition from your brother for everything you did for him.

My partner, if there's one thing I hate, it's always having to pay your bill at the restaurant.
Your cents have taken our friendship and more, our partnership, to the end.
1. - I understand that you thought your partner could have contributed more to the company.
you all.
I noticed that you were upset regarding your partner's bill payments.

I find it absurd that he is late for all the mediation sessions. This is the third time that
I have to wait for him.
I understand that you are upset about the delay.
I noticed that you were bothered by the delay.

I can't remember how many times I took my stepson to school and now that I am
with a congress in São Paulo he has the courage to tell me that he can't take care of our
children for a weekend! It's outrageous!
I understand that you were sad because he doesn't take care of the children with the same attention that you do.
I noticed that you were upset because he didn't help you with the kids.
I spent two hours preparing dinner only for my husband to come home saying he had dinner at
mother's house!
I understand that you felt disappointed for having prepared dinner with so much care.
I understand that you were hurt by the situation.

I went to his house twice to apologize for the vase! I left a card the second time.
indicating my desire to repair the damage. It is not fair for him to say that I do not care about the
our condominium.
I realized that you felt bad for trying to fix the damage, but it wasn't acknowledged.
From what you told me, it was clear that you wanted to make amends, but you felt uncomfortable.
because he didn't realize this.
This was the last gift I received from my mother before she passed away. I told her three times.
not allowing her boy to play on my land. Now this has happened, an irreparable damage.
I understand that the present had an invaluable value for you, that's why you were so ...
sad.
I understand that you were upset because of the damage to such an important gift.

I left my late husband's suit to be cleaned and told the laundry that the buttons were
fragile. Now they return the jacket to me with all the buttons chipped! This is the only piece
from the clothes I kept from my husband. I think I need to be compensated for the damage.
emotional that I suffered!
I notice that you were sad because they ruined the buttons
I understand that the blazer is important to you, which is why you were disappointed with the service.
borrowed.

I can't accept this moral damage industry! Asking for R$ 2,000.00 for moral damages for buttons
Peelers offend anyone's sense of justice!
1. – I understand that you were upset for finding an exorbitant amount
I noticed that the amount requested made you uncomfortable.

The only thing I would like at this moment is to be with my wife in the ICU room.
hospital. I promised her this and I will fulfill it, even if this hospital tries to stop me!
I understood that you were sad about the situation, since you want to support your wife.
From what you told me, it became clear that you feel sad about not being able to enter the room of
your wife.

As the head of nursing at this hospital, I can assure you that the treatment we provide to
Our patients and their families are the best possible. We regret that Mr. Ricardo does not realize.
that we are doing our best to provide the best medical services available in Brazil.
We do not allow him to spend more than one hour a day with his wife in the ICU exactly because
to worry about her health.
I realized that you also feel uncomfortable with the situation, but you want to do the best for the
patient.
I understand that you want to uphold the hospital's rules.

20. Indicate the implicit request that is present in the speeches below. Translate it into a language
conciliation.

Example: I do not accept sharing the money from the royalties with this woman because she, when
we closed our partnership, emptied the joint account we had. Pedro, sir, are you
saying that I would like to share the amounts received as royalties after the issue
the values of the current account to be added to the estate to be divided.

I want to stop paying child support because he is already 21 years old, he only contacts me to ask.
money, did not tell me if he passed the entrance exam or not, and even went around speaking ill of me to
my brother.
Request: Want your child to seek you more, to have more interaction.

I do not agree to participate in a mediation if he keeps insulting me. If he says it just once
I am leaving due to the disrespectful way my withdrawals from the company have been handled.
Request: I want respect during mediation and also in life.

I do not agree with R$ 3,000.00 for material damages - the repair did not cost that in any case.
some.
Request: Agrees to pay for the repair, provided that the amount is demonstrated through a budget.
I do not accept the proposal of R$ 450,000.00 for my shares in the company, the company is worth much more.
but more than that.
Request: Increase the value of the proposal, as it is believed that the company is worth more.

I will not pay anything until he delivers the receipts for the amounts already paid.
Request: To receive the receipts.

It's impossible to respect anyone who abandons their partner, at risk of death, in a hospital and leaves.
on vacation.
Request: For the partner to work in their place when necessary.

I will not leave the ICU room where my wife is hospitalized because I promised that I would take very good care of her.
of her and that would always be by her side.
Request: Request for help to take good care of your wife.

I will not accept less than R$ 5,000.00 for moral damages, as I found it very disrespectful of them.
I will publish a book saying that I have alcohol problems. I only drink socially!
Request: Prevent the publication about alcoholism, respect their privacy.

I asked for these moral damages because I thought it was outrageous for Pedro to have said to a friend of mine.
secretary that I am not a good accountant. I found it even more inappropriate for him to have commented.
about my personal life. I think that if he said that, he has to compensate as a form of
repair the emotional damage that I had.
Request: Professional recognition

I refuse to pay any amount for moral damages. I never said that Teresa is a bad accountant or
that has an unruly personal life. The mere suggestion that I have to pay already sounds offensive.
Request: Acknowledge that it was not him who said that she is not a good accountant.

My father lived in the United States his entire life. The contact I had with him was only two
weeks when he came to Brazil and it wasn't even the whole week. I tried to cope with
he has been my whole life and he always made excuses. Now I would like him to pay for it
damages I suffered due to emotional abandonment.
More time with the father. That he acknowledges that he has been absent and that he was missed.

I lamented a lot not being able to see my daughter grow up. I ended up accepting a job offer in the
United States and I could not be with her anymore. My life has always been very hectic and always
I took advantage of the few weeks I had off to come to Brazil to visit her. I am not willing to
pay nothing as compensation for moral damages due to emotional abandonment because I never abandoned my daughter
physically or emotionally. Moreover, my lawyer told me that these damages are not
appropriate.
Request: That she understands that the departure was not voluntary, there was no abandonment on the part.
delete.