THE MEDIATION AND CONCILIATION AS A TOOLS TO RELIEVE THE JUDICIARY AND PROMOTE THE CONFLICT RESOLUTION

Abstract

Introduction: Mediation and conciliation are institutions introduced by the 2015 Code of Civil Procedure and represent important and relevant mechanisms for dispute resolution. These methods aim to reduce the overload of demands on the Judiciary, consequently promoting the swift and amicable resolution of disputes, which are also more satisfactory to the parties. Aim: To analyze and study the implementation of mediation and conciliation in the current scenario of legal disputes in Brazil and to verify how this can contribute to relieving the burden on the Judiciary, increasing procedural speed and efficiency. Materials and Methods: This research is qualitative in nature, focusing on bibliographic and documentary research through the analysis of legislation, official legal reports, doctrines, scientific articles, and journalistic materials. Results: It was verified that the implementation of mediation and conciliation institutes contributes fundamentally and efficiently to the speed of processes and to the greater satisfaction of the parties at the end of the dispute; however, there are still existing social and behavioral barriers that society and the State, together with the Judiciary, need to overcome. Conclusion: It is concluded that self-composition methods are essential methods for relieving the burden on Judiciary. Thus, the promotion of public policies aimed at fostering the implementation of mediation and conciliation, as well as the encouragement of dialogue and awareness among the parties, are urgent and indispensable measures so that alternative dispute resolution methods are widely applied and, in this way, reduce the demand on the Judiciary.