(Re) negociação e mediação nos contratos empresariais de colaboração

Abstract

The research proposes to investigate whether business mediation can help the parties involved in business collaboration contracts to renegotiate their terms and conditions, above all, in seeking to fill in any gaps and incompleteness, with a view to preserving the commercial relationship. It starts from the premise that the contract is a fundamental element for the realization of economic exchanges, where the company finds a relevant social function linked to the constitutional foundations of the Brazilian Economic Order. The research is relevant and up-to-date, considering the dynamics of corporate business and the characteristics and peculiarities of corporate collaboration contracts that tend to be long-term, which leads to the need for renegotiation for contractual maintenance. The guiding question of this research is: What does it mean to renegotiate a business collaboration contract? The aim is to investigate whether renegotiation corresponds to a duty or an opportunity for the contracting parties, insofar as renegotiating corresponds to negotiating again. From there, the research seeks to identify solutions for negotiating a business collaboration contract, using the Theory of Negotiation developed by the School of Law of the American University of Harvard. In addition to the (re) negotiation directly between the contracting parties, the study seeks to explore the specificity of business mediation as an appropriate and useful method for negotiating business collaboration contracts. For that, exploratory research and bibliographic research were used, through specialized literature. It was concluded that business collaboration contracts are essential for business dynamics and that business mediation is a skillful method to obtain optimal results with regard to the (re)negotiation of these contracts, in an interdisciplinary and relational context, contributing to contractual maintenance.