Alternative (no longer so alternative) mechanisms for conflict (re)resolution
New perspectives on conciliation, mediation, and arbitration
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Given the weakness of the Judiciary in effectively resolving social conflicts, other institutions previously considered secondary instruments of access to justice through social pacification are reappearing on the Brazilian scene. With the functional crisis of jurisdiction in relation to the inability of the judicial structure to adequately respond to the claims of those subject to its jurisdiction, this work focuses on the possibility of relying on alternative mechanisms (conciliation, mediation, and arbitration) as a valid and effective option for dispute resolution, emphasizing the contours...
Given the weakness of the Judiciary in effectively resolving social conflicts, other institutions previously considered secondary instruments of access to justice through social pacification are reappearing on the Brazilian scene. With the functional crisis of jurisdiction in relation to the inability of the judicial structure to adequately respond to the claims of those subject to its jurisdiction, this work focuses on the possibility of relying on alternative mechanisms (conciliation, mediation, and arbitration) as a valid and effective option for dispute resolution, emphasizing the contours and trends of the New Code of Civil Procedure in proposing a (multi-door) model of justice based on the combination of self-composing and hetero-composing formulas which, depending on the case, prove to be more or less suitable for achieving the most appropriate response within a reasonable time.
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