Judicial mediation as a search instrument for access to justice

Abstract

The present research consists in the analysis of mediation as an instrument of access to justice, in the treatment of conflicts inherent to human relations, in a dialogic, peaceful way, through the application of techniques and the performance of an impartial third party, the mediator. In this way, it was sought through bibliographic research, an analysis on the importance of mediation as one of the possible instruments of access to justice, which is valued by the contemporary Brazilian legal system. In this scenario, mediation is incorporated as an alternative method of conflict resolution, inserted in the constitutional principle of inexorability of access to justice, from the perspective of a Democratic State of Law and effective pacification. This work used the deductive approach method, of bibliographic reference, aiming to draw a legislative panorama of judicial mediation and visualize the applicability of mediation as a means of access to justice. In the end, we sought to analyze mediation as a way of reaching justice where the jurisdictional party has a preponderant role in reaching the resolution of the conflict.