MEDIATION AND CONCILIATION: A LOOK AT PROCEDURAL JUDICIALIZATION IN BRAZIL

Abstract

He present research aims to examine the perspectives for the use of extrajudicial means of conflict resolution for the composition of conflicts in Brazil. And with a judiciary crammed with cases and causing an excessive slowness that characterizes the jurisdictional action. To this end, the main characteristics of negotiation, mediation, conciliation and arbitration will be analyzed, the admissibility requirements for the use of such techniques will be identified and the elements to be considered in the examination of the adequacy of the use of extrajudicial means will be explained. The new legislation from the law nº 13.140/2015 and also the law 13.105/2015 through the Civil Procedure Code, several significant changes were made about the institutes of conciliation and mediation. Therefore, it is relevant to study the present work that will try to systematize hypotheses about the appropriateness and about the adequacy of extrajudicial techniques for the resolution of conflicts to the celerity and its effectiveness in the processes. The methodology used was consistent bibliography in the largest possible number of published works on the subject and through consultation of books and websites and documents.