A conciliação e a mediação como meio de solução de conflitos e efetivo acesso à justiça.

Abstract

This course conclusion work has as its main theme the applicability of conciliation and mediation as a legal instrument for the composition of the dispute, using the deductive approach method, which used logical reasoning and deduction to reach a conclusion about the subject. Contemporary society, for many years, has felt the overcrowding of the judiciary and, as a result, alternative means of conflict resolution are increasingly needed. Therefore, recognizing the enormous historical relevance of the Judiciary is important, however it is essential to explore and encourage other resources that can be even more effective, both for the party and for the lawyer. Conciliation and mediation emerged due to the inefficiency of the judiciary, which lost the population's credibility due to the slowness of judicial processes, bureaucracy and the accumulation of demands. The 2015 Code of Civil Procedure ended up innovating and brought these mechanisms as ways of solving and/or self-composition of the dispute. For this purpose, mediation and conciliation will be analyzed as legal instruments capable of implementing a new culture in dealing with conflicts. Despite bringing several advantages, serving to resolve the dispute more quickly and facilitating communication between the parties so that they can reach an agreement, there is still a lot of resistance regarding the dissemination and implementation of these methods, which is why it is time to question: Are mediation and conciliation legal instruments capable of bringing about a new culture in dealing with conflicts? The choice of a certain theme is due to the need for changes in the solution of conflicts in the current scenario of the Brazilian Judiciary.