Dispute Systems Design: The Brazilian Experience

March 19, 2018 | The Straus Institute for Dispute Resolution invited mediation expert Diego Faleck to speak at a lunchtime series event on the use of Dispute Systems Design in the context of victims’ compensation, based on the Brazilian experience on aircraft accidents and large scale environmental tragedies.

Diego Faleck is the founding partner of Faleck & Associados, the first dispute resolution firm fully specialized in mediation, settlement counsel, and dispute systems design in Brazil, with a unique track record in complex business mediation and dispute systems design for major national disasters. He received his LLM degree from Harvard Law School and his Phd degree from the University of São Paulo. He served as Interim Secretary and Chief of Staff of the Secretariat of Economic Law of the Ministry of Justice in Brazil, and commissioner at the National Commission of Private Insurance of the Ministry of Finance.

He has successfully mediated a wide range of national and international commercial, energy, ports and construction cases and partnership disputes, ad hoc and institutional, including ICC ADR and complex international multi-party high value reinsurance cases. Most notably, he was responsible for designing and implementing successful compensation programs with the use of mediation for the accidents with flights TAM 3054 (2007), Air France 447 (2009) and the largest environmental disaster in the history of Brazil, for compensation of over 20,000 families for general damages and 300,000 beneficiaries for specific moral damages (ongoing). He is serving as the chief mediator in the project and currently supervises a staff of 60 full time mediators.

Faleck is a member of the panel of distinguished neutrals of the CPR Institute and other prestigious rosters of mediators in Brazil. He was highlighted as a Thought Leader at the 2018 edition of Who’s Who Legal Mediation.

The lunch presentation was excellent for students to learn more about what Faleck is doing in Brazil in regards to complex cases. Most importantly,the event was also crucial in helping students realize the importance of a deep knowledge in dispute resolution in the current legal arena and the subsequent acquired aptitude necessary to create an effective system design for resolving conflict.