CONCILIATION AS AN ALTERNATIVE PATH TO CONFLICT RESOLUTION

Abstract

This work aims to analyze conciliation, one of the alternative paths developed for conflict resolution, addressing its main advantages in facilitating the fulfillment of judicial demands. Conciliation demonstrates effectiveness in social pacification, resolving controversies and preventing new litigation, and national programs have shown that its proper application reduces excessive litigation, procedural appeals, and the execution of court judgments. Through conciliation, those involved delegate to an impartial third party, the conciliator, the task of fostering rapprochement between them and assisting them in forming a common understanding, leading them to the construction of a possible agreement. The main advantage is precisely the possibility of resolving the conflict more quickly, less expensively, and less exhaustingly. Another point that also deserves highlighting in conciliation is that the resolution is generally considered fairer since the parties themselves construct it. Among the advantages of conciliation, we can highlight that, in addition to being a faster, more effective, and fairer way to resolve conflicts, conciliation is a solution built by the parties themselves, allowing for the re-establishment of dialogue between them and representing a more democratic way to resolve conflict peacefully. The correct use of conflict resolution techniques, especially conciliation, proves highly beneficial to the parties and strengthens the culture of peacemaking. Conversely, its inappropriate application compromises the procedure and ends up fueling litigious practices. Bibliographic research addressing the system in question was used.