ALTERNATIVE DISPUTE RESOLUTION METHODS: AN INSTRUMENT AGAINST JUDICIAL DELAY

Abstract

This research focuses on alternative dispute resolution methods: an instrument against judicial delays. The problem addressed by this work is: While alternative dispute resolution methods help reduce judicial delays, how do they contribute to improving the effectiveness of judicial protection? The general objective was to describe the impacts of the slowness of the Brazilian Judiciary on the effectiveness of judicial protection in civil proceedings, and how excessive processing time compromises the practical realization of substantive and procedural law. The specific objective was to analyze the main causes contributing to procedural delays in the Brazilian Judiciary and the use of mediation as an alternative dispute resolution mechanism, highlighting its potential to promote greater speed and effectiveness in civil proceedings, as well as evaluating viable and contemporary measures capable of mitigating the impacts of judicial delays, considering institutional, legislative, and procedural perspectives. Consequently, the historical development and normative foundation of alternative dispute resolution methods within the legal system are examined. The study proposes an analysis of alternative methods as mechanisms that complement the traditional judicial process.