Abstract:
ABSTRACT
The present research is about the effectiveness of Mediation as a method of
conflict resolution in pre-procedural and procedural situations. We searched for a
bibliographical research for the study of the doctrine regarding the alternative
methods of conflict resolution and, later, a field survey with numérica data extrate for
lhe performance of the 28th CEJUSC of the Court of Justice of the State of Goiás,
located in the Lawsuit district of Inhumas-GO. The mediation, previously viewed with
reservation by the parties due to a suspicion of impartiality of the mediators, with the
legislative changes proposed by Resolution n. 125/2010, by the Mediation Law (Law
13.140 / 2015) and by the New Code of Civilian Procedure (Law 13.105 / 2015),
began to present criteria, methods and guiding principles that made it not only an
alternative, as a mandatory part of certain procedures, such as Family actions. This
legislative change came in time to promote a change in the culture of the Brazilian
citizen, promoting dialogue as a way of resolving conflicts and reducing the need to
judicialize demands. Mediation can not be seen as an obstacle to access to justice,
but as a mechanism for the effectiveness of lawsuit provision, in line with the 1988
constitutional text.
