COURSES BY THE TASP (ancoras para títulos abaixo)
Basic Course of Conciliation, Mediation and Arbitration - See
Course to set up pre conciliatino committees - See
Courses by the TASP board of arbitrators - See
Basic Course of Conciliation, Mediation and Arbitration
The "Conciliation, mediation and arbitration basic course", held at TASP for four years, is now improving the proposals presented by BID project in partnership with CACB (Brazilian Commercial Association Confederation) aiming at preparing professionals to understand the techniques of Conciliation, Mediation and Arbitration. It also presents alternative means to reach an agreement for all of those who wish to solve their disagreements in a fast and effective way.
Objectives / goals:
- To present law 9.307/96, teaching the students how to use the alternative means to reach an agreement ( law 9.307/96 )
- To present the real possibility, range and effectiveness of the Arbitrational procedure in contractual relationships. - Teach the students how to use alternative means to reach and agreement recently legalized to the fields of civil, commercial and labour law ( law 9.307/96 and law 9.958/00 )
Place: At the head office of the Arbitrational Court of São Paulo. Av. Paes de Barros, 399 - Mooca - São Paulo/ SP
Enrolment phone: 55 11- 2693-1820 and 55 11 2693-1650 e-mail:
SEE THE SCHEDULE AND TEACHERS
DATES, TIMES AND FEES
COURSE TO SET UP PRE CONCILIATION COMMITTEES
Due to the recent changes of C.L.T, TASP holds a course to instruct students about the setting up of pre Conciliation Committee and about how to prepare conciliations, based on law 9.958/00
It is discussed in the course the technics to broad the power of negotiation, the conditions to create a pre Conciliation Committee and the legal labour aspects that must be observed, according to each company's reality. It is presented the range of the changes of C.L.T, the practical consequences in the labour market and the obligations and rights of the companies and its employees in the homologation of breech of labour contracts.
In order to law 9.958/00 to be practically applied, it is necessary for the companies, unions and lawyers to be prepared. To set up a pre Conciliation Committee there are rules that need to be considered, such as: parity composition, secret election, registration of the committees, statute elaboration, besides other laws.
There is also a need for the Conciliator to have wide knowledge about C.L.T dispositions and its most important characteristics: employees' registration, working hours, vacations, stability and requisition funds. There is no way to properly use law 9.958/00 and enjoy its benefits ( cost and complaint quantity reduction ) without the complete knowledge of how it functions.
SEE THE SCHEDULE
Schedule of " The basic course of Conciliation, Mediation and Arbitration"
1st part:
ARBITRATION
- Brief historical over view
- Arbitration in Brazilian law
- Definition and range of arbitration
- Disagreement, mediation and arbitration
LAW 9.307/96
- Jurisdiction and arbitration competency
- Existing rights
- Arbitrational commitment clause
- Selection and responsibilities of arbitrators
- Arbitrational procedure
- Arbitration verdicts
- Motion of suspension
- Arbitrational verdicts in foreign law
MEDIATION
- Concepts
- Objectives
- Mediator role
- Group dynamic on mediation and conciliation technics
2nd PART:
ARBITRATION x CLT ( labour law code )
- Mediation and arbitration in labour process
- Arbitrational decisions in face of federal labour justice
CONCILIATION AND ARBITRATION IN BRAZILIAN LABOUR LAW
- Up to date panorama of labour justice in Brazil
- Existing Rights x labour law
- Private commitment clause in individual and collective work contract
- The pact and collective agreement before arbitration
- Competency to know and execute arbitral decisions in labour matters
- Law 9.958/00 and the pre conciliation committee
- Competency of the committees
- Of the judged matter
- Before law 9.307/96
- Before law 9958/00
- The setting up of the committees
- Requirements and modalities
- Arbitrators and conciliators
- Competency and attributions
- The setting up of the pre conciliation committees
- Election procedure
- Mandate of its members
TEACHERS:
JOSÉ CELSO MARTINS: Brazilian, lawyer, president of TASP. Masters degree in political and economical law by Universidade Presbiteriana Mackenzie, in SP.
Title of the dissertation: the new arbitrational order in the solution of collective conflicts. Post graduate in business law by Universidade Mackenzie. Active attorney in civil, commercial and labour law since 1984. Professor of Conciliation, Mediation and Arbitration. Graduated in pedagogy. Assistant teacher of law and contability.
Many articles published in juridical journals. Specialized professor habilitated in contability and law at Universidade Potiguar - Natal - Rio Grande do Norte. Invited to speak at events about Conciliation, Mediation and Arbitration. Lecturer of the training program for multiplicators in Mediation and Arbitration in Brazil (CACB/BID) - Itapema/ Santa Catarina.
SCHEDULE OF PRE CONCILIATION COMMITTEE SET UP COURSE - LAW 9.958/00
- Modalities
- Individual ( company )
- Collective ( group of companies )
- Mixed ( companies and unions )
- Interunion ( employees union x employers union )
- Statute
- Election
- Election and setting up of the committee
- Procedures
- REGISTRATION OF CONCILIATORS
- Election procedure
- The mandate / term
- Attributions
- Competency
- Stability
ABOUT THE PROCESS
1- Initial agreement
2- Hearing
3- Attributions
4- Competency
5- Stability
ABOUT THE PROCEDURE
1- Initial agreement
2- Hearing
3- Conciliation pact
4- Denied conciliation term
5- Terms of processual instruction
6- Partial conciliation term
7- Homologation term
8- Closing term
ABOUT THE POS-CONCILIATION OBLIGATION
1- Social security obligation
2- FGTS
3- Receita federal ( tax authorities )
4- Ministério do trabalho ( ministry of labour )
SEE DATES, TIME AND FEES <datas2.html>
COURSES BY THE TASP BOARD OF ARBITRATORS
" Course of specialization in mediation" <
This course is obligatory for those professionals who intend to work with Mediation and Arbitration mainly at TASP. After this course, if the student wishes to be included in the TASP board, his/ her resume will be analysed and the student must present several papers showing his/ her knowledge about the use of Arbitration. Then, the student will participate as an assistant intern in the hearings that take place at TASP. After those steps, the name of the student, will be included in the list of the TASP board of Arbitrators and, thereafter, he may be called to act as a Mediator, Conciliator or Arbitrator, according to the nature of the process and if chosen by the involved parties. Taught by TASP President - Dr. José Celso Martins
Policy:
a) The beginning and end time is strict
b) This course is only for those who have already taken the basic course of Mediation,
Conciliation and Arbitration held at TASP.
c) In order to obtain the certificate research work has to be done
d) Next course: GO
PAPERS AND RESEARCH
1- The advantages and disadvantages of using law 9307/96 in ending conflicts ( civil,
commercial and labour ) - On the social, economic and judicial aspect - 4 pages
2- Report ( Mediation ) - 4 pages
3- Presentation of theses
4- Internship - 20 hours - lectures and hearings
