MEDIAÇÃO: Conhecendo o método extrajudicial adequado para solução de controvérsias

Abstract

The controversy is considered natural to man, just like your search to solve it. When the individual can not settle their differences, he seeks the third-party support, especially the state. However, currently, the state power, through its Judiciary, find barriers to provide access to justice for citizens, either by the number of processes or the non-uniform decisions or unconnected to the case. Therefore, new methods, formerly called alternative means of dispute resolution (Alternative Dispute Resolution - ADR), they are increasingly used, including by magistrates. In this context, mediation stands out for being a “self compositional” method where an impartial third party helps in restoring the dialogue between the parties. That said, it is essential to know the institute, its concept, models, principles, procedures, tools, as well as their inclusion in the legal system. In addition, differentiate it from other existing non-judicial means in Brazil. Finally, Mediation demonstrated that it is a collaborative mechanism effective and suitable for dispute resolution, in which the possible decision of the players will be the people involved in disagreement.