Conciliation and mediation in the civil process code and its application in the practice

Abstract

The purpose of this article was to address appropriate methods of conflict resolution, namely the mediation and conciliation hearing based on the innovations in the New Code of Civil Procedure, Law 13.105 / 15. The new Code brought an innovative approach to the parties more autonomy in decisions, always prioritizing by non-contentious means of conflict resolution with the purpose of contributing to social pacification and the humanization of processes, where parties can sign an agreement before and during the process, which contributes to the speed and effectiveness of the proceedings and consequently, the reduction of judicial demands. The study was based on laws, doctrine, scientific articles published by professionals specialized in the area of ??civil proceedings, in addition to manuals prepared by the Judiciary and a survey conducted in the period of April 2019 in the 1st Civil Court of the Region of Concordia-SC, which showed that only 4% of the lawsuits proceeded to conciliation. The observed result indicates the need for effort on the dissemination of these conciliation methods as a way of accelerating the resolution of the cases, which will result in a speed in the processes and the establishment of a culture of peace.