A mediação de conflitos no atual cenário jurídico brasileiro.

Abstract

The present monographic work deals with mediation as a duly effective and qualified means to deal with the existing conflict and mainly to understand how the third facilitator can seek the dialoged agreement and consensual decision of the parties. In this way, the problem to be faced is to verify the method of mediation as a mechanism capable of providing the parties an analysis of the conflict, that is, with the intention of harmonizing the personal relationship. Therefore, how and through what mechanisms can mediation be effective and properly qualified to deal with the existing conflict? In order to deal with this task, the deductive method is used, that is, through a bibliographical methodology focused on books, periodicals, articles and legislation related to the theme, it seeks to raise ideas and positions that allow a solution to the imposed problem. It is of fundamental importance to study the subject, since the study of the methods of consensual solution of conflicts arises from the re-signification of what the conflict is, as well as its unfolding between the parties, in a construction of a possible composition in the face of the litigation they are facing . In this way, a paradigm shift is necessary in order to see the controversy from another perspective. In this condition, through effective access to justice, to the conflicting should be made possible the reach and understanding of the method of mediation, with the intention of strengthening the citizenship and consequently guarantee a dignified and qualified justice.