OS DESAFIOS DA ADVOCACIA NA RESOLUÇÃO DE CONFLITOS EXTRAJUDICIAIS

Abstract

This article examines the challenges faced by lawyers in resolving extrajudicial conflicts, emphasizing the importance of alternative methods such as conciliation and mediation. With the judicial system overloaded, there is a growing demand for solutions outside traditional litigation. The study analyzes how lawyers can adapt to this scenario, considering ethical, legal, and practical challenges, and the need to promote a collaborative culture of dispute resolution. The qualitative, descriptive, and explanatory research, with a bibliographic and documentary approach, investigates the techniques used by lawyers, the effectiveness of these practices, and the obstacles faced, such as resistance from the parties and ethical challenges. The analysis includes hypotheses about the impact of academic training, cultural barriers, and the importance of professional training. The justification for the study is based on the need to understand the transformation of the lawyer's role and how they can contribute to the efficiency of the legal system. The theoretical review highlights the evolution of law practice in conflict resolution, challenges faced, and trends such as the use of technology. The methodology proposes recommended practices to maximize extrajudicial agreements, emphasizing clear communication, professional mediation, and relationship building. Finally, the article reflects on the challenges of law practice in extrajudicial conflict resolution, including adapting to new technologies, changing mindsets, cultural resistance, ethical issues, and the need for multidisciplinary competence. Extrajudicial conflict resolution is presented as an effective alternative to litigation, requiring lawyers to develop new skills and adopt a collaborative approach.