The Conciliation And Mediation As Alternative Methods Of Conflict Resolution In The Current Brazilian Law System

Abstract

This work aims to study the consensual methods of conflict solution, which are conciliation and mediation, as instruments to assure the access to justice, in order to achieve social pacification. After the definition of the study object, there will be verified the moment in crisis that the Brazilian justice system is found in. For such, the methodology chosen was the bibliography study, along with doctrines and field study, in order to aggregate practical knowledge to this paper. Therefore, the theoretical framework was elaborated with concepts and content relating to mediation and conciliation, analyzing its key aspects. Later, the paper pointed to the needs of a new behavior towards treatment solutions of conflicts of interest, which show how more agile and effective methods. A brief review of Resolution 125 of the National Council of Justice will be made, which is a new image of the judiciary against the establishment of service referring to the aspirations of society. Finally, this approach has demonstrated the advantages of the following to resolve a common disagreement and it was found that such forms are increasingly present in Brazil, favoring the very adjudication.