MEDIATION AS A TOOL FOR HUMANIZED JUSTICE: PRINCIPLES, PRACTICES AND SOCIAL IMPLICATIONS

Abstract

This article analyzes conflict mediation as an effective and humane instrument for resolving disputes in the Brazilian judicial system, with an emphasis on its theoretical foundations, practical benefits, and implementation challenges. Based on principles such as autonomy of will, voluntariness, confidentiality, and informality, mediation emerges as an alternative to the traditional litigation model, promoting dialogue, cooperation, and the construction of consensual solutions. The study adopts a qualitative approach of an exploratory and descriptive nature, based on a bibliographic and documentary review, including authors such as Warat (2018), Borges (2021), Brandão (2018), and Mendonça and Moraes (2016), in addition to regulatory frameworks such as Law nº. 13,140/2015. The analysis highlights the interface between mediation and human rights, evidencing its role in promoting dignity, equality, and social inclusion. The challenges faced in institutionalizing mediation are also discussed, such as cultural resistance, training of mediators, protection of confidentiality, and inadequate infrastructure. The conclusion is that mediation represents a promising path for democratizing access to justice and transforming the judicial system, provided it is accompanied by effective public policies and a legal culture committed to humanistic and democratic values.