Conflict Resolution in Agribusiness: Mediation and Arbitration in the Rural Sector

Abstract

Brazilian agribusiness plays a central role in both the national and international economy, bringing together an extensive production chain that, due to its complexity, is often the stage for commercial, land, labor, and environmental conflicts. Traditional resolution through the Judiciary often proves inadequate due to delays, high costs, and a lack of technical expertise. In this context, mediation and arbitration emerge as more efficient out-of-court methods, capable of offering swift, specialized solutions that preserve commercial relationships. Mediation, by prioritizing dialogue and the consensual construction of agreements, is particularly suitable for disputes where the continuity of business relations is desirable, such as contractual defaults and succession disputes. Arbitration, in turn, stands out for its potential to deliver technical, confidential, and legally binding decisions, making it especially suitable for highly complex controversies, such as international contracts and environmental issues. Despite their advantages, the dissemination of these methods faces challenges, including a lack of awareness among small and medium-sized producers, the perception of high costs, and the scarcity of qualified professionals in rural areas. Strengthening the culture of mediation and arbitration in agribusiness requires joint actions from public and private sectors, including training programs, the creation of specialized chambers, and public policies for promotion. The effective adoption of these methods is essential to foster legal certainty, stability in contractual relationships, and the competitiveness of Brazilian agribusiness in the global market.