CONFLICT RESOLUTION: RISKS, BENEFITS AND IMPACTS (DOCTRINAL PRINCIPLES – AN INTRODUCTION TO THE JUDI

CONFLICT RESOLUTION: RISKS, BENEFITS AND IMPACTS (DOCTRINAL PRINCIPLES – AN INTRODUCTION TO THE JUDICIARY)

Summary

In the context of the national legal system, this text seeks to provide a systemic view of mediation, conciliation and arbitration based on doctrinal principles (not broadly, but simplified in the conception of the judiciary). The benefits of such alternative techniques will be examined and associated with the doctrine and laws that govern them. That said, due to the recognized 'slowness' of the judicial system. The objective is that mediation is used when there is a prior relationship between the parties, as it requires effort in the investigation and study of the issue. Moreover, it points directly to the proposed theme according to the primary forms of mediation and the way these disputes work and how they are examined. Therefore, we point towards the contradictory – where the principles of the allegation will support the conciliation that is typically used when there is no prior relationship and should effectively concentrate on the resolution of the issue (fact proposed to the judiciary). In this way, we agree that the 'arbiter' should take special care eventually when demonstrating that the benefits of the arbitration procedure outweigh any potential inconveniences, thus making a quick process, with technical precision that can/may encourage its effectiveness in the judicial system - be it in a given locality, or in the national territory. Keywords: Alternative methods. Conciliation. Mediation/Arbitration.