RESOLUÇÃO DE CONFLITO

RISCOS, BENEFÍCIOS E IMPACTOS (PRINCÍPIOS DOUTRINÁRIOS – UM INTROITO NO JUDICIÁRIO)

Abstract

In the context of the national legal system, this text seeks to provide a systemic view of mediation, conciliation and arbitration from doctrinal principles (not broadly, but simplifi ed in the conception of the judiciary). The benefi ts of such alternative techniques will be examined and associated with the doctrine and laws that control them. This is because of the recognized ‘slowness’ of the judicial system. It is thus intended that mediation is used when there is a prior relationship between the parties, because it requires eff ort in the investigation and study of the issue. Furthermore, it points directly to the proposed theme according to the primary forms of mediation and how these disputes work and how they are examined. Thus, we point in the direction of the adversarial - where the principles of plea-bargaining will support conciliation that is typically employed when there is no prior relationship and should eff ectively focus on resolving the issue (fact proposed to the judiciary). Thus, we coadunate that the ‘arbitrator’ should take special eventually in demonstrating that the benefi ts of the arbitration procedure outweigh any potential drawbacks, thus making it a fast process, with technical precision that can/will encourage its eff ectiveness in the judicial system - either in a given locality, or in the national territory.