21st most needed skills, mediation and disputes resolution skills and legal training

Lília Maia de Morais Sales; Gabriela Vasconcelos Lima

doi:10.5020/2317-2150.2023.13897

Autores/as

Lília Maia de Morais Sales Universidade de Fortaleza (Unifor), Fortaleza, Ceará, Brasil https://orcid.org/0000-0003-2843-7207
Gabriela Vasconcelos Lima Universidade de Fortaleza (Unifor), Fortaleza, Ceará, Brasil https://orcid.org/0000-0002-6602-2902

DOI:

https://doi.org/10.5020/2317-2150.2023.13897

Resumen

The Justice System in Brazil struggles with a large stock of lawsuits. Despite the work of magistrates, lawsuits come in faster than they are solved. On the other hand, Law Schools focus on training lawyers to keep litigating. This research aims to understand how legal culture could be reoriented in such a manner that we could build a fairer and more peaceful society. In order to do that, first we analyze the current context of the Justice System, taking a deep look at its data. Then, as we realized that most of the disputes in adjudication currently could be more appropriately solved by ADR, we turned our eyes to how ADR tools and techniques can be used. Lastly, since we aim to achieve results on legal training, we study the skills needed to succeed on the job market. In conclusion, we found that Law Schools should focus on mediation and negotiation training and collaborative and strategic conflict resolution skills throughout the curriculum. If lawyers are trained strongly with skills to build consensus, to collaborate when solving conflicts, to negotiate and mediate, they will be able to design or help to design more adequate and customized solutions for the various disputes, contributing for a more peaceful society, a more efficient Justice System, while becoming a more competitive professional for the labor market.

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Biografía del autor/a

Lília Maia de Morais Sales, Universidade de Fortaleza (Unifor), Fortaleza, Ceará, Brasil

Postdoctoral fellow at the Institute of Latin American Studies at Columbia University - NY, COLUMBIA, United States. Doctorate in Law from the Federal University of Pernambuco, UFPE, Brazil. Master in Law from the Federal University of Ceará, UFC, Brazil. Degree in Law from the Federal University of Ceará, UFC, Brazil. Graduated in conflict mediation at Harvard University, with the Program on Negotiation (USA. Atualmente é professora titular da Universidade de Fortaleza do Programa de Pós-Graduação (Mestrado e Doutorado) em Direito Constitucional, Professora do Mestrado em Direito e Gestão de Conflitos, Idealizadora e coordenadora, desde 2010, do Projeto "Jovens Líderes"

Gabriela Vasconcelos Lima, Universidade de Fortaleza (Unifor), Fortaleza, Ceará, Brasil

Lawyer. LL.M in Constitutional Law (Unifor). PhD Candidate in Political Science (ULisboa). Master in Constitucional Law (Unifor). Degree in Law (Unifor). Deputy coordinator of the legal Education Observatory of the OAB/CE. Coordinator of the Research and Innovation Nucleus (NIP) of the graduation in Law at the University of Fortaleza (Unifor). Coordinator of specialization courses, at the same University, in the areas of: Mediation and Conflict Management; Family and Succession Law and Process; Digital and Startup Law; Data Protection and Digital Governance.