O papel e a aplicabilidade da mediação no tratamento de conflitos no âmbito empresarial.

Abstract

This monograph aims to analyze the applicability of Mediation in the business environment. In this sense, aspects arising from Law 13.140, which provides for Mediation between private individuals as a means for resolving disputes and the regulation of the Brazilian Civil Procedure Code, are evaluated. Likewise, it takes a look at the procedures for Conciliation and Arbitration, which are part of the multiport system of access to Justice. For the construction of the work, the starting point is the high rate of lawsuits waiting for a decision in the Brazilian Judiciary, which highlights the need to seek means beyond the traditional Jurisdiction for the treatment of conflicts. Adopting the deductive method, the bibliographic research makes an analysis about the conflict, its impacts and benefits, passing by the understanding about the most widespread methods nowadays with a view to the consensual solution. In the end, analyzing the context of the Covid-19 pandemic and itseconomic and social impacts, the adequacy of Mediation in the context of the company is confirmed with a view to managing conflicts arising from corporate, contractual relations and in situations resulting from judicial recovery.