Between Cooperation and Combat: Lawyers’ Role in Mediation, in Comparative Perspective (Rio de Janeiro and Buenos Aires)

Abstract

This issue resulted from empirical and comparative research, in Rio de Janeiro and Buenos Aires. It discusses different kinds of lawyers’ actuation in mediation. In Rio, this actuation suffers resistance. In Buenos Aires, it is broader and viewed in a positive way. There is, however, a common feature: the expectation about a specific way of "being a lawyer”. They distinguish "good lawyers" from those considered "inappropriate" for this job. This valuation is associated with two categories: collaborative or combative lawyers. Interviews and observations showed that lawyers are essential if they can cooperate to rescue the understanding between the parties.

Keywords

• Mediação de conflitos, Advogados, Rio de janeiro, Buenos aires, Pesquisa empírica