EVALUATION OF THE METHOD
Etchalus develops the provision of services that, in a first and essential plan, begins of the understanding of the client's own characteristics and interests, involving advice and consultancy that obtains a diagnosis, as well as seeking to find the appropriate form of prevention or solution of the demands and conflicts, either based on rights or interests. The evaluation of the appropriate method is the basis for the generation of the best strategy and, in addition to the legal examination itself, it involves communication and legal psychology techniques applied to the relational interview, to better understand the client's interests.
Structured Negotiation is the idea of negotiating in a collaborative and cooperative way, seeking integrative, balanced and sustainable solutions. Structured negotiation can take place before, or even during, the existence of a litigation process. The litigation process involves complex procedural rules, production of expensive evidences, all in the sense of seeking a decision that belongs to a third party. Structured negotiation is based on the idea that legal demands and conflicts based on interests can also be resolved in an equitable and collaborative way - and at a reduced cost, if interested parties and lawyers are able to form relationships and communicate with each other. openly. It is a dispute resolution method built on the collaborative notion that if the parties seek common ground, especially through clear and good faith communications, they can bring solutions to even complex problems.
Etchalus offers negotiated alternatives for resolving the demands and interests of the clients.
The Collaborative Process, or Collaborative Law, is an alternative means of conflict resolution that was born in the United States, has expanded to all English-speaking countries and finally begins to reach a global scale. It is a methodology that completely avoids the courts, in which lawyers and participating clients undertake to act only in the extrajudicial scope, collaborating with each other and, if necessary, including other professionals with different expertise, all collaborating for the search for a consensus solution. The collaborative process is voluntary, confidential and seeks creative solutions that are supported by legality.
The unification of the “conscious contracts ®” methodology with the relational theory of contracts, generated a unique approach and methodology in the elaboration of legal instruments, especially those with a relational characteristic. The applied methodology allows the generation of corporate contracts, especially for the creation of start ups, joint ventures, real estate contracts, relationship between suppliers, labor contracts, provision of services, commercial representation, distribution, among others. In building their legal relationships, or even personal relationships that have legal repercussions, clients must be fully aware of their obligations and the extent of their responsibilities. The lawyer must encourage a convergent approach in relation to the interests of the contracting parties, seeking the sustainability of relationships, or less costly and conflicting solutions for the terminations.
Bringing the client closer to the construction of his own contractual commitment using, not only communication techniques and applied legal psychology, but a plain language that reflects the client's exact understanding and will, is a great differential that Etchalus provides to its clients.
Mediation is one of the alternative means of conflict resolution. It is a confidential conflict management procedure in which a professional third party, neutral and impartial, acts without any imposition or judgment authority, within the scope of its own methodology and provided by law, helping the parties to resolve a dispute voluntarily or to negotiate a dispute. transaction suited to your own interests and needs.
In Brazil, mediation is regulated by Law no. 13.140 / 2015, the Civil Procedure Code and Resolution 125/2010 of the National Council of Justice.
Mediation grows as a means of conflict resolution, both in the judicial and extrajudicial environments.
Etchalus works in business, family and labor mediation, with certification in institutions accredited by the market and always in continuous professional development, being a certified mediator by ICFML (Portugal); Clip Mediation Institute (POA-Brasil); Labor Mediation and Arbitration (Tasp - Mediation and Arbitration Center of São Paulo - Brazil; ODR - Online Dispute Resolution by ICFML (Portugal) and Acuerdo Justo S / L (Spain).
Litigation is a process, judicial or administrative, which concerns everything that may be subject to challenge, dispute or conflict of interest and which is subject to judgment by an official institution, whether the judiciary or administrative.
Etchalus has extensive experience in the scope of judicial and administrative litigation, both in initial and appellate degrees, especially in the areas of civil law, business law, family law and labor law. Over 30 years of serving the interests and rights of individuals and companies, both domestic and foreign.
The “systemic legal vision” applies training and methodologies in the context of a globalized society. Etchalus works with opening the market to international companies and, in the same way, in the opposite hand, with the representation of Brazilian interests abroad, including experience in resolving conflicts at the international level.
The experience and mastery of three fluent languages - Portuguese, English and Spanish - allow a minimum understanding of different cultures, as well as the formation of networks as a differential factor. Associated with several international organizations, Etchalus is a mentor for Canadian companies in Brazil, through an official mentoring program by the Government of Canada and the Brazil / Canada Chamber of Commerce; is coordinator in Brazil and teacher for the Spanish platform Mediaronline (www.emediador.eu) and member of the executive board of the Ageriz Association, from Bilbao (Spain), entity that owns the Made By Basques brand, representative for Latin America of the Global Collaborative Law Council and co-founder of OLADC - Organización Latino Amreciana de Derecho Colaborativo.
Através de capacitações e estudos do manejo das novas ferramentas tecnológicas, a “visão jurídica sistêmica” também envolve a prestação de consultivo e avaliações online, no modelo da advocacia 5.0, sempre preservando a segurança e a confidencialidade das informações.
O desenvolvimento profissional contínuo permite a aplicação das diversas metodologias de resolução de conflito também no ambiente virtual, habilitando Etchalus a oferecer a seus clientes, de maneira simplificada, as mais diversas e seguras soluções.
Um dos sistemas adotados por Etchalus, são as “consultas rápidas”, que permitem que o cliente alcance a compreensão eficaz e mais ampla para atendimento de suas questões, até mesmo aquelas que envolvem seu dia a dia e que geram repercussões jurídicas.