Técnicas de mediação e conflitos de valor

Abstract

This thesis meticulously examines the conceptualization of conflict, negotiation, mediation, and their tools, aiming to highlight measures to overcome both practical and theoretical gaps within the realm of Law when dealing with values-based and identity-based disputes. These include conflicts of value, those with transcendent objectives, intractable conflicts, high conflict, the 5% type, moral conflicts, non-negotiable issues, deeply rooted disputes, prolonged conflicts, and those arising from societal divisions or enduring rivalries. In addition to critically presenting fundamental concepts and techniques employed in negotiation and mediation, the thesis delves into the state of the art beyond the legal domain, exploring what has been written and practiced in other fields when addressing such conflict category. The thesis seeks to illustratively intersect negotiation and mediation theory with the description of concrete cases, enabling the identification of the application of specific negotiation and mediation tools in high conflicts. It concludes that mediation techniques are not only suitable for handling these conflicts but serve as the foundation for intervention in such situations and are thus indispensable. However, in certain circumstances, negotiation and mediation techniques alone prove insufficient to prevent, manage, resolve, contain violence, and transcend disputes deeply rooted in profound beliefs. In this study, the complementarity between mediation tools and reconciliation methods stemming from Peace Studies emerges as an appropriate approach, especially for prolonged conflicts.