MULTIPORT JUDICIARY: CONCILIATION AND MEDIATION AS TOOLS FOR CONFLICT RESOLUTION

Abstract

Conflict resolution is essential to maintaining social order and promoting justice, representing a constant challenge in complex and dynamic societies that require innovative and effective approaches from the judicial system. In the contemporary context, the implementation of alternatives to the traditional judicial system has been increasingly valued, especially through the approach known as the Multi-Door Judiciary, which represents a significant shift in recognizing the importance of diversifying dispute resolution methods (LESSA NETO, 2015).

Instead of relying exclusively on formal litigation, the Multi-Door Judiciary seeks to incorporate methods such as conciliation, mediation, and arbitration, offering options that not only promote peace between the parties but also increase efficiency and make justice more accessible (CABRAL, 2024).

Lessa Neto (2015) argues that this diversification not only alleviates the burden on the judicial system but also allows the parties involved to participate more actively in the dispute resolution process. Furthermore, these methods often result in faster, more cost-effective solutions tailored to the specific needs of the parties, thus contributing to the development of a more efficient and collaborative dispute resolution culture.

In this sense, the Multi-Door Judiciary presents itself as a solution to this challenge, offering various alternatives for accessing justice, each tailored to specifically and efficiently meet the particular needs of the parties involved. In this scenario, conciliation and mediation stand out as essential tools for fostering the peaceful resolution of disputes, providing a faster and more collaborative process where the parties can actively participate in developing mutually beneficial solutions. In addition to preserving interpersonal relationships, these mechanisms help reduce the burden on the judicial system, offering a more effective and less expensive alternative compared to traditional litigation (DINAMARCO, 2001).

By focusing on the issue of multiple doors in the Judiciary, it becomes important to understand the growing importance of conciliation and mediation in dispute resolution. The proposal to provide alternative dispute resolution methods not only highlights the need to alleviate the burden on the judicial system but also underscores the pursuit of a more accessible, efficient, and needs-centered justice system (CUNHA, 2020). These approaches not only offer a more collaborative and participatory way to resolve disputes but also help preserve interpersonal relationships and promote a more constructive and sustainable conflict resolution culture.

The rationale for using conciliation and mediation as central instruments in this context lies in the search for a more humane and cooperative approach that can respond to the current demands for a more agile and less confrontational justice system (OLIVEIRA, 2021).

Thus, within the context of this study, the growing importance of conciliation and mediation was analyzed as essential tools in dispute resolution within the Multi-Door Judiciary paradigm. These practices not only promote more efficient and satisfactory conflict resolution, but also strengthen the participation of the parties involved in the decision-making process, contributing to a more accessible and needs-centered justice system.

1.1 RESEARCH PROBLEM

How do alternative dispute resolution methods, such as conciliation and mediation, within the context of the Multi-Door Judiciary, contribute to promoting a more accessible, efficient, and needs-centered justice system?

1.2 OBJECTIVES

1.2.1 General Objective

To analyze the role of alternative dispute resolution methods, especially conciliation and mediation, within the context of the Multi-Door Judiciary, and how these practices contribute to promoting a more accessible, efficient, and needs-centered justice system.
... 1.2.2 Specific Objectives

- To investigate the characteristics and benefits of conciliation and mediation as alternative dispute resolution methods, considering their practical application within the judicial system;

- To identify the challenges and opportunities associated with the effective implementation of the Multi-Door Judiciary, as well as suggest possible strategies to overcome these obstacles and promote a culture of collaborative dispute resolution.

1.3 RATIONALE

The rationale for this study lies in the growing relevance of conciliation and mediation as important tools for dispute resolution within the Multi-Door Judiciary. The contemporary demand for faster, less adversarial justice arises primarily from court congestion, procedural delays, and growing dissatisfaction among clients.