Mediation Locations
Brazil
Mediation languages
English
French
Portuguese
Current position and background
• More than 30 years of professional and academic experience in the areas of corporate law and negotiation of contracts, with a focus during the last 4 years on negotiating agreements and mediating disputes.
• Visiting researcher and assistant in the negotiation and mediation advanced education courses at the Harvard Negotiation Institute, 2013.
• Professor of Corporate Law at the Pontifícia Universidade Católica do Rio de Janeiro (PUC-Rio) and the post-graduation course in business law at the Institute of Business Administration and Management of the Pontifícia Universidade Católica do Rio de Janeiro (IAG – Master PUC-Rio).
• Post-graduation in Economic Law from the Institute of Economic Law Studies (IEDE), under coordination of Professor José Luiz de Bulhões Pedreira and Professor Alfredo Lamy Filho.
• Dispute Board Member certified by the by DRBF - The Dispute Resolution Board Foundation for acting in Service Agreements related to RIO 2016 Olympic and Paralympic Games.
• Mediator Certified by the ICFML - Instituto de Certificação de Mediadores Lusófonos ("Portuguese Speaking Mediators Certification Institute").
Main mediation practice areas
Partnerships
Inheritance
Property Sharing
Commercial Contracts
Construction
Real Estate
Energy
Arts/Entertainment
Mediation experience
Started practising mediation in mid-2013, and acted as a mediator, applying a facilitative, transformative or slightly evaluative approach - as required by the circumstance of the conflict -, in forty nine cases. These were related mainly to:
Joint Venture-Construction Agreement;
Joint Venture Agreement-Mining-Plant;
Construction;
Shareholders Agreement–Purchase and Sale of Shares;
Family Heritage–Management Agreement among Brothers;
Land Property–Purchase and Sale;
Family Heritage–Split due to Divorce;
Succession Planning–Heirs Disagreements;
Private Financial Debt Renegotiation;
Partnership – Quota holders and Investment Agreement–Put Option;
Officers and Managers Employment Agreement Termination.
Description of mediation style
Making appropriate questions for the parties identifying the critical issues for reaching an agreement.
Conquering reliability from the parties.
Impartial and successful at avoiding escalation of emotional aspects.
Paraphrasing appropriately for the common understandings of the parties.
Making rational questions for encouraging the parties to reach a negotiated agreement.
Approaching the questions and considerations in the right moment.
Patient and inducing reasonable conclusions through simply making questions.
Trustfulness from parties due to personal profile and professional knowledge.
Code of professional conduct
IMI Code of Professional Conduct.
Ethics and Disciplinary Code of the Brazilian Bar Association.
Complaint process
IMI Professional Conduct Assessment Process.
"Código de Ética para Mediadores do Conima".
Ethics and Disciplinary Code of the Brazilian Bar Association.
Professional indemnity insurance
Professional indemnity insurance is not offered to mediators in my jurisdiction.
Feedback Digest
Reviewer: Ms Maia Gonçalves Ana Maria ( ana@anagoncalves.com )
Latest Update: 2017-07-10 00:15:36

This Feedback Digest is based on 10 feedbacks from 6 mediations, initially submitted on Friday 2nd June 2017.

Reliable, able to ask the correct question at the right time, patient, trusted, pragmatic and diplomatic – these are several of the adjectives that parties use to comment about João Assis.

João Assis was perceived as having treated all sides fairly and impartially, while being efficient and attending to organizational details promptly. Nearly all parties commented on his personal qualities of careful listening and careful reformulation of statements, to ensure a good understanding of their discomforts, fears and interests. They also commented that he did all this with balance, serenity and consideration.

Most of the questioned parties agreed that his management skills in the mediation process were a key strength.

They remarked that he was professional and well prepared. Some also commented on João Assis's capacity to manage serious challenges and to always help parties to find the adequate solutions in different circumstances and plans.

Almost all underlined the excellent capability of João to manage the emotions of the different participants in the mediation and agreed that this was a key factor to avoid escalation and also allowed them to find a fair solution for all.

João Assis was scored very highly by several parties when users were asked for their overall impression and when asked if they were likely to use him as mediator again the response was unanimously positive. There has never been any reportable negative feedback from any user. 

Professional affiliations
Brazilian Bar Association
International Bar Association
International Chamber of Commerce ICC - Brazil
'Mediation and Arbitration Brazilian Center' (Centro Brasileiro de Mediação e Arbitragem - CBMA)
'Brazilian Arbitration Center' (Centro Brasileiro de Arbitragem - CBAr)
Contact details for references/recommendations
Ana Maria Maia Gonçalves - info@icfml.org
Andrea Maia - andrea@findresolution.com.br
Mediation education and training
Harvard Negotiation Institute - Program on Negotiation
Mediation teaching and mentoring
'Mediation and Arbitration Brazilian Center' (Centro Brasileiro de Mediação e Arbitragem - 'CBMA)
Mediation publications
'Mediation as an Instrument for Bringing Peace into the Companies' (A Mediação como Instrumento de Pacificação nas Empresas), Chapter 1.2 of 'Mediação de Conflitos' (Mediation of Conflicts); co-author with Andrea Maia and Mariana Freitas de Souza, "Jus Podium", Brazil, 2016.

 

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