MEDIAÇÃO E CONCILIAÇÃO: PREVISÃO LEGAL E EFETIVIDADE DE IMPLEMENTAÇÃO

Abstract

The present study intends to answer the following questioning: which factors make it impossible or more difficult the popular access to mediation and conciliation procedures? The article makes a survey of the implicatures that involve the practice of mediation hearings in order to obtain satisfactory conciliations for the parties involved in the demand. For this, we analyze the mediation, the conciliation, the legal prediction, the effectiveness of the implementation of these resources in resolving disputes and the qualification and registration of conciliators and mediators, based on Resolution 125/2010 of the National Council of Justice. It is perceived that, after inquiries, readings, researches, matches and analyses, a large part of the population does not have access to these methods because, in most cases, they do not know the procedures and their practicality. Others consider it as an onerous, lengthy, doubtful or unsafe procedure. However, for this situation to be modified, it is up to the change in the culture of the operators of the Law, effecting the precepts exposed in the Code of Ethics and Discipline of the OAB, which establish as duties of the lawyer: "to stimulate conciliation among litigants, where possible, the establishment of disputes. "