THE ROLE OF THE LAWYER IN CONFLICT MEDIATION WITHIN THE MULTI-DOOR SYSTEM OF ACCESS TO JUSTICE
DOI:
https://doi.org/10.51891/rease.v12i11.31992Keywords:
Conflict mediation, Multi-door system, Solution-oriented legal practice, Informed decision-making, Nonviolent communicationAbstract
This article analyzes the shift in the professional profile and the indispensable role of the lawyer within the conflict mediation process, as part of a "multi-door" system for accessing justice. The study is based on the hypothesis that the effectiveness of self-determined dispute resolution (autocomposition) depends on a transition from an adversarial stance to a collaborative, solution-oriented approach to legal practice. The methodology employs a deductive approach, supported by bibliographic and documentary research, and is anchored in Resolution No. 125/2010 of the National Council of Justice, the 2015 Code of Civil Procedure, and Law No. 13.140/2015. The concept of mediation is explored, along with its various methodological approaches—facilitative, circular-narrative, and transformative—with an emphasis on the application of Nonviolent Communication techniques to translate stated positions into underlying, genuine needs. Furthermore, the epistemological boundaries between mediation and restorative justice are established. The article concludes that the lawyer serves as an essential guarantor of the principle of informed decision-making and as a catalyst for social peace, ensuring the ethical and legal legitimacy of the agreements reached.
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Atribuição CC BY