ABSTRACT: The objective of this article is to present "Dispute Systems Design" (DSD) as a new field among other dispute resolution methods in Brazil. The focus is the design of dispute resolution systems, created for the unique needs of a concrete case, providing efficiency and cutting of the conflict's transaction costs, while also allowing stakeholders to achieve their goals, with more participation and perception of justice. To demonstrate the advantages and challenges of the approach, the article will address the creation and work of the advantageous Câmara de Indenização 3054 (CI 3054), the first Brazilian DSD case, designed to provide an efficient and just system to compensate the victims of the horrific plane accident which occurred on July, 17, 2007, TAM fight 3054, in which, tragically, 199 people lost their lives. The current "Justice Crisis", in which the Brazilian Judiciary branch is sunk, demands creative solutions, beyond the conventional forms of action and legal thinking featured in the country. Standardized legal formulas and model solutions, most of the times, are not sufficient for dispute resolution. One size does not fit all when it comes to complex conflicts.
Revista Brasileira de Arbitragem