MEIOS ALTERNATIVOS DE SOLUÇÃO DE CONFLITO: Arbitragem, Conciliação e Mediação

Abstract

Versa this study regarding alternative means of conflict resolution, which are those means used by the conflicting parties, intended for rapid solutions, safe and fast dispute resolution, rights established by Brazilian law. These alternative means of conflict resolution should be encouraged by the judges and the legal professionals, such as lawyers, public defenders and members of the public prosecutor, from the moment of emerging from conflict and before the appearance of these. Its scope present a study on the possibility of the company use of alternative means of conflict resolution for the settlement of controversies in the social womb. Demonstrate the importance of introducing the Brazilian legal system of Arbitration, Conciliation and Mediation, which the parties may opt for the solution of an existing conflict of alternative means of conflict resolution and thus to ensure effective access to justice, because justice does not must necessarily be established by the judiciary, but by all means to ensure the parties reach satisfactory solutions to their demands. The relevance of this study is given by the fact that the Law of Arbitration and the Code of Civil Procedure, 2015 which regulates the alternative means of conflict resolution, since the use of these mechanisms should be guaranteed parties, meeting the needs of those and safeguarding rights to obtain justice and the cases submitted to arbitration, conciliation and mediation. This study shows that alternative means of conflict resolution should be encouraged by the justice operators and those who exercise essential functions the same.