Newsletter - Edition 68 - April 2025
A contract is not merely a document outlining rights and obligations; it is a relational tool that should reflect the intentions and values of the parties and be both accessible and collaborative. This was the key message shared by contract and conflict prevention experts Sandra Brandão and Fernanda Guerra during the webinar Mediation Beyond Existing Conflicts: Facilitating Negotiations and Preventing Disputes, hosted by ABPI on April 28. The session was moderated by Karin Klempp Franco, Director of ABPI’s Mediation Chamber (CMed-ABPI), and Deputy Director Marcos Chucralla Moherdaui Blasi.
Sandra presented the conflict transformation methodology developed by the mediator and professor John Paul Lederach. Instead of seeking to resolve conflicts through a specific clause, the goal is to create effective communication channels between the parties and promote constructive transformation, laying the foundation for sustainable peace. Transposing this method to contract drafting, she argued that a contract becomes “more than a signed document—it is the entire journey.”
In Sandra’s view, conflict is not a problem but rather the beginning of a solution. “The real issue is how prepared the parties are to address it,” she noted, emphasizing the importance of trust. “If we don’t improve what we call trust, we’ll continue relying on overprotective contracts and forgo genuine dialogue.”
She concluded: “Mediation and conflict transformation can be integrated into the contract itself—not just as clauses for future disputes, but as a guiding principle for its content and structure. A contract can reflect the real context of the business relationship, considering external conditions and the invisible dynamics revealed with the support of the lawyer assisting the parties.”
Fernanda, in turn, introduced the idea of a “conscious contract,” which moves away from competitive and punitive models and toward collaboration and regeneration. In her view, a contract must be rooted in trust. “When relational recognition is lacking, trust breaks down, and the contract—which should serve as a bridge—often fails,” she explained. She emphasized the need for ongoing dialogue between the parties to build trust and create a mutually supportive environment.
According to Fernanda, conscious contracts should be built on clarity, authenticity, and shared values. They take a non-adversarial approach and go beyond fixed positions to enable collaborative problem-solving. “Conflict is part of human relationships,” she said. “It’s neither good nor bad—but it must be acknowledged as part of how we function in the world.”
Both in-person and online participants actively contributed to the discussion, creating a rich exchange of perspectives.