Mediation as an Appropriate Technique for Handling Conflicts Involving Maritime Commercial Law in Brazil
Name: FLORA GASPAR DA SILVA
Publication date: 20/05/2025
Examining board:
Name |
Role |
|---|---|
| CLAUDIO IANNOTTI DA ROCHA | Examinador Interno |
| MARIA DEL ROSARIO ESPINOSA CALABUIG | Examinador Externo |
| PAULA MARIA ALL | Examinador Externo |
| VALESCA RAIZER BORGES MOSCHEN | Presidente |
Summary: This research, conducted within the Master's Program in Procedural Law at UFES,investigates mediation as an appropriate method for resolving conflicts in Brazilianmaritime commercial law. Maritime trade, vital to the global economy, handles billionsof tons of cargo annually, generating numerous disputes that require swift and efficientsolutions. In Brazil, however, judicialization and arbitration—costly and timeconsuming methods—still predominate.The central issue is to understand how mediation is applied in this context, identify themost suitable disputes—such as chartering contracts and demurrage—and assess theimpact of the Singapore Convention, which ensures the enforceability of transnationalagreements, on its consolidation. The study is grounded in the premise that mediationis ideal for resolving cross-border commercial disputes but faces resistance due to apreference for traditional methods like litigation and arbitration. It is posited that theConvention may enhance its adoption by providing legal certainty.The general objective is to analyze the feasibility and challenges of mediation in themaritime sector, while specific objectives include characterizing maritime law,comparing conflict resolution methods, and exploring operators' perceptions throughempirical research. The methodology integrates qualitative analysis, with bibliographicand normative reviews, and quantitative analysis, through a questionnaire (CAAE78818624.9.0000.5542) using a Likert scale, applied to maritime law practitioners. Theresults, combining statistics and reflections, aim to identify mediable disputes,favorable factors, and obstacles, as well as evaluate the role of the SingaporeConvention, signed by Brazil in 2021, in promoting mediation, thereby offering aframework for strengthening access to justice in the maritime sector.Ultimately, the research seeks to demonstrate that mediation, despite its promise ofspeed and preservation of commercial relationships, remains underutilized due tocultural, normative, and other barriers that will be examined.
