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<xTITLE>COVID-19 World Disorder and Reflection for Conflict Management with the Use of ODR Platforms</xTITLE>

COVID-19 World Disorder and Reflection for Conflict Management with the Use of ODR Platforms

by Celeida Maria Celentano Laporta
May 2020

In theory, there are seven strains (types) of human coronavirus, however, it is known that the referred types of coronavirus evolved from animals.

Around 1960, the first type was diagnosed as a common cold, followed by 2002, with severe acute respiratory syndrome (SARS disease), in 2012 with the Middle East respiratory syndrome (MERS disease), culminating in 2019 with COVID -19.

The WHO2 (World Health Organization) issued the first alert of the disease on December 31, 2019, as Chinese authorities have reported numerous cases of pneumonia in the city of Wuhan.

It so happens that, on January 7, 2020, the virus was isolated, and then named COVID-19 and the new coronavirus pandemic was declared on March 11 by the World Health Organization.

On March 20, 2020, Brazilian legislative Decree No. 6 recognized the occurrence of a state of public calamity, with effect until December 31, 2020.

In view of this scenario, the concern continues, due to the devastating degree of contamination, and also the fact that, until April 13, 2020, there is no vaccine or treatment with scientifically proven effectiveness, imposing thousands of people around the world to live in quarantine and social isolation.

Suddenly, citizens have gone from a state of freedom, assured by the constitutional right art. 5th item XV, of the Federative Republic of Brazil Constitution of 1988, to come and go and freedom of movement, to a model with restrictions and guidelines for living in seclusion in their homes, with specific recommendations on washing hands, use of alcohol gel, keep the environments disinfected and use a mask.

1. CHANGES IN HUMAN RELATIONS

Our homes, unprecedented in history, have been transformed into schools, workplaces, shopping malls, supermarkets, cinemas and theaters at the same time. The students were transported from the present school to online classes, the professionals from their work environment to their living room, the purchase of food or consumption items started to be acquired through e-commerce. Theaters, shows, cinemas, gymnastics classes, were potentially designed from the face-to-face model to be consumed by internet.

A new order of social coexistence, consumption, work, family model, resulting from a revolution caused by the invisible enemy COVID-19, which emerges in all directions and senses and causes a society that is physically and mentally ill.

Friedrich Nietzsche once said that the obsessive search for personal health is the right path for the decay of the human being. A perfectly healthy being becomes vain, indolent, and most often reflects his obsession with maintaining the narcissistic self. The disease is not only a tonic of life, but it forces us to leave the comfort zone and think about it. The sick body as a perspective on normal health. We only feel the body, after all, when it imposes itself on us3.

It can be understood that, in the face of Nietzsche’s thinking, an epidemic can spark reflection on issues that are dormant due to social normality.
Inevitably, that reflection will come.

Once the first phases of denial and fear are over, the conflict settles in front of this disorder generated from the inside out and from the outside in. This means that the “coronavirus event” caused a mismatch in emotions with the breaking of the comfort zone with consequences in a practical and factual context of conflicts in the lives of people, companies, society and humanity.


2. PANDEMIC CONFLICTOLOGY

The conflict, controversy or divergence of interests has covered humanity's relationships throughout our evolutionary line.

The word conflict comes from the latin conflictus, confligere, which means shock, fighting people struggle, review, discussion, change, disorder, antagonism, opposition, conjuncture, critical moment, strength, strength, strength, stress.

Living and surviving in society has been the biggest challenge for everyone, that is, to coexist with the walking history of humanity's evolution, that from time to time proposes chaos, innovation and disorder, with unbounded and new conflicting relational interconnections, whether they come from interpersonal and/or inter-business relationships.

Thereby, the world disorder caused due to the coronavirus, inevitabely potentialized a conflictive society.

As briefly explained above, changes caused by covid-19 have transformed the way of living and surviving, due to quarantine, social isolation and shutdown of the planet gear.

Pandemic conflictology may have in its genesis : disputes about family living rules; disagreements concerning work contracts of home office model; convivement disputes in townhouses; suspension of payments due to lack of liquidity; cancellation of airline tickets, banking contracts; complaint of internet and health services; return of merchandise; breaking of companies, among so many other.

In the end, there are countless opposed interests or violations of rights enhanced by a state of public calamity, which are facts that generate conflicts that will inevitably be converted into litigation before their respective Judicial offices.

Alongside this, the preventive management of these conflicts is to promote dialogue and communication between the parties, leading them to self-composition, either through negotiation, mediation, conciliation or arbitration methods.


3. THE APPLICABILITY OF ONLINE CONFLICT RESOLUTION

It is worth mentioning that the conflict is essentially the raw material for negotiation, mediation or arbitration, whether in person or online.

Concerning online conflict resolution, its applicability arises from a series of events in the evolution of conflict in contemporary society, its judicialization and technology.

In brief explanation, with the advent of the internet in 1992, the commercial transactions market had been breaking paradigms. new models were generated for a virtual environment, so that initially the purchase and sale relationships that were essentials were spreading on the web, surviving by the other types of relationships that existed in the essential scope and transported to cyber.

Thereby, explains KATSH and RIFKIN:

Consequently, a series of new conflict models have been generated, among users who, because they have the basis for their interaction in cyberspace, are unable or find difficulties in participating in any conflict solution process. therefore, the conception of a conflict solution format that worked in the same environment where conflicts were from became fundamental) (KATSH; RIFKIN, 2001; RULE, 2002).

Therefore, models of platforms for solving conflicts in online environment have evolved in parallel to the new technological resources and the treatments of the relationships of a society in digital transformation.

Furthermore, with regard to legal security in cyber space of distance mediation, in Brazil the mediation law 13.140 / 2015 grants online mediation in its article 46:

Art. 46. mediation may be made on the internet or by other means of communication that allows distance transaction, as long as the parties are in agreement.

Thereby, it indicates the effectiveness of ODR - Online Dispute Resolution, referred terminology for the models of online negotiation, mediation and arbitration, which covers the principles of the mediation law legislation, as the 13140/2015 disposal, such as: impartiality, isonomy between the parties, orality, informality, autonomy of the parties’ will, search for consensus, confidentiality and good faith for presential mediation models, adding the principles of transparency, celerity, equity, interdependence and accessibility for distance mediation models.

Online negotiation and mediation platforms usually includes procedure that initially receive the registration with the problem description. therefore, the other party is communicated about the intention to negotiate, so that the parties can decide for a direct negotiation, assisted negotiation with the aid of a third negotiator or mediation with a third mediator.

in addition, the applicability of online conflict resolution, with the use of platforms and procedures will be the main mechanism for the management of disputes caused by the recent survening events, and collapsed by COVID-19.


4. CONCLUSION: THE WORLD THAT WILL EMERGE AFTER CORONAVIRUS

The world that will emerge after the coronavirus is designed to manage countless conflicts arising from personal, family and business relationships, due to this troubled moment of pandemic.

Also, considering the significant influx of digital migrants who started to use technology to study, work, buy and sell, there will be considerable impacts on the adherence of the use of online mediation.

Regardless of the platform that may be adopted, or procedures with the use of information and communication technology (ICT), society will be facing a world with a new order of social coexistence, resulting in the use of technology, whether to work, learn, negotiate or resolve disputes.

The accessibility caused by online mediation, will increasingly break the distances, and will enable the inclusion that allows everyone to solve their problems with speed, economy, sustainability, autonomy and responsibility.

Thus, the online mediation needs to clarify the mediator's responsibility. The cybermediator accumulates functions of skills and competences, since techniques of mediation, construction of flexible procedures, mastery of information and communication technology tools, to the internalization and dedication of this new method of self-composition.

It is also expected that the post-coronavirus moment will be covered with a new look at the treatment of conflict, with a lot of reflection, good faith, dialogue and solidarity for a context of social pacification and learning of society.

ENDNOTES

ELISAVETSKY, Alberto I and ALMIRÓN, Daniela P. La Mediación a La Luz de Las Nuevas Tecnologías: Buenos Aires: Erreius, 2019.

KATSH, Ethan and RIFIKIN, Janet. Online Dispute Resolution: resolving conflicts in cyberspace. San Francisco: Jossey-Bass, 2001.

LAPORTA, Celeida M. Celentano. ODR- Online Conflict Resolution. Rio de Janeiro: Lumen Juris, 2020.

1 Disponível em https://www.who.int/health-topics/coronavirus#tab=tab_1. Acesso em 09/04/2020.
2 Disponível em https://www.who.int/eportuguese/countries/bra/en/. Acesso em 09/04/2020
3 Disponível em: http://www.ihu.unisinos.br/78-noticias/596989-o-coronavirus-e-os-filosofos.Acesso em 09/04/2020

Biography


Co - Founder of CS VIEWS Mediation and Arbitration Chamber and CS VIEWS Institute. Bachelor's Degree and Mathematical Degree at PUC / SP, Systems Analyst, Lawyer with a postgraduate degree in Tax Law at PUC / SP, Masters of Law from Escola Paulista de Direito EPD, Business Coach with training and International Certification, Professional & Self Coaching from Instituto Brasileiro de Coaching IBC, Judicial Mediator of CEJUSC - Judicial Center for Conflict Resolution and Citizenship Santana de Parnaíba / São Paulo, Judicial Mediator CECON –TRF3 Barueri / São Paulo, Arbitrator, Judicial and extrajudicial mediator accredited by CNJ - National Council of Justice. ICFML Certified Mediator Institute for the Certification of Lusophone Mediators at the University of Porto, Portugal. Theory and Tools of Harvard Negotiation Project - USA, Specialization Mediation Universidad Salamanca - Spain, Specialization Mediation and Arbitration Universidade Portucalense - Portugal. Co Author: Disjudicialization Phenomenon: A New Era of Access to Justice, Coordinator Doctor Willis Santiago Guerra Filho, Ed. Lumen Juris, 2018. Author of the book ODR - Online Conflict Resolution, Ed. Lumen Júris, 2020. Lecturer and teacher of courses in the area of the appropriate means of conflict resolution.



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