CONCILIATION IN THE NEW CODE OF CIVIL PROCEDURE AND ITS IMPORTANCE IN CONFLICT RESOLUTION

Abstract

The New Code of Civil Procedure (NCPC) brought important modifications, among them the conciliation. Conciliation is a method of conflict resolution that seeks the reconciliation of the parties, with the mediation of an impartial and qualified third party. The NCPC made it possible to hold conciliation hearings for all lawsuits, including those that were already being processed before the new code came into effect. Conciliation is important for conflict resolution because it has the power to bring the parties together, seeking fairer and more satisfactory results for each one. Moreover, conciliation is a faster and cheaper way to solve litigation, as it saves time and money, since it is not necessary to go to court. Based on this context, this study assumes the objective of describing how conciliation with the advent of the NCPC has become an important instrument of conflict resolution. The methodology applied to the study was bibliographical, which provided a systematic approach to identify, select, summarize and evaluate primary and secondary sources relevant to the research topic. Finally, it is commented that with the inclusion of conciliation in the NCPC, Justice becomes faster and more efficient, because the parties have the possibility to solve their conflicts amicably, without the need to litigate. Conciliation also brings more legal security to those involved, since the agreement is considered an enforceable title, which can be used in the execution of sentence, if the parties do not comply with the agreed terms.