THE MEDIATION AS INSTRUMENT FOR THE FAIR SOLUTION OF CONFLICTS

Abstract

The theme of this article is mediation as an effective socio-professional activity, being an alternative in conflict resolution. The following problem was investigated: "Does mediation have specific models of performance?". The following hypothesis was considered "In view of the new scenario presented, it is crucial to format and train a new order in law that is ready to advise those who make this option with sufficient technicality". The general objective is to "seek to promote dialogue". The specific objectives are: "Seek assistance from conflicts by third parties outside the cause, who must submit proposals with impartiality and seek that the parties resolve them."; "To enable the parties that are part of the dispute so that they can lead the dialogue in the face of conflict and thus promote the resolution of the problem"; "The out-of-court solution to conflicts". This work is important for an operator of the Law due to the limitation imposed by the traditional legal model; for science, it is relevant because the dissent being made in consensus, and having as a basis the positive view of contradicted interests, it configures satisfactory responses to the growing social demands presented in human relations and adds to society by presenting new possibilities of alternative action in conflict management, where the culture of litigation opens space to return to dialogue and the possibility of reaching an agreement. This is because mediation tends to facilitate this possibility between the various existing parties, providing the necessary technical support to the Judiciary, since many conflicts can be resolved by them. This is a qualitative theoretical research lasting six months.