Mediação e conciliação a luz do novo CPC

Abstract

Mediation is defined in the sole paragraph of the first article of the Law, therefore "mediationis considered a technical activity performed by an impartial third party without decision-making power, which, chosen or accepted by the parties, helps them and stimulates them to identify or develop consensual solutions for controversy". Due to the great demands of conflicts that enter the judiciary every day and of social relations that are increasingly judicialized, it is necessary to apply a measure that has as scope not only to reduce the procedural numbers, but to be able to restore Dialogue and understanding of the parties. The research is justified in approaching the procedure of mediation in view of the need to clarify this public policy since the Judiciary needs alternatives for the treatment of conflicts. It is considered that the conciliatory commitment outlined in the legislative change in conjunction with the expected changes in institutional practices and in the national legal culture generally represents an improvement in the Brazilian judicial system. For the accomplishment of this work will be used the technique of bibliographical research, based on literatures inherent to the subject, consultation to specialized sites to the subject, being carried out a documentary search to obtain the necessary information. We used written materials that served as source of information for this work. The research approach presents a qualitative and quantitative approach. To do so, we used, as a query, books and the database and articles of the system SCIELO, LILACS and Medline. It concludes with regard to the limits and possibilities of the model of conciliation proposed by the Legislative Power in the NCPC, it becomes possible to make brief comments. With regard to limits, there is a lack of innovations in the Codex bulb, perhaps even the hope of stabilizing legal situations attributed to the legal diploma. That is to say: there was no experimentalism for the active solution of obstacles to effective access to justice, but only to give legal status to a set of practices already observed in the development of the Movement for Conciliation. In turn, the potentialities are diverse and duly pointed out within this work, being possible to point out as common denominator the social desire that was reflected in the legislative scope of the consolidation of the culture of conciliation / pacification. Thus, the instrumentality of the process turns to consensuality.