O dilema do negociador e o acesso à justiça na mediação com a Fundação Renova: implicações ao processo indenizatório pelo rompimento da Barragem de Fundão e o modelo de claims resolution facilities como abordagem para o manejo de conflitos

The collapse of the Fundão dam is one greatest socio-environmental calamities. In order tospeed up repair and compensation process, Fundação Renova was created, an entity resposible for Me-diated Indemnity Program (MIP), designed to deter-mining amounts be paid. Faced with ex-posed situation, this paper analyzes obstacles negotiator's dilemma access justice, through mediation, based on adversities found in MIP. From gathered elements, stands out that, despite presenting itself as a win-win approach, MIP, by not incorporating pricipled negotiation effect dilemma, culminating agreements unfavorable those im-pacted, issue if addressed, can repro-duced other claims resolution facilities. As mech-anism reverse result, it proposed expand making charge coordinating all communication parties eligibility promoting, at same time, relationship between foundation affected, condi-tions mutual gains procedure.