Entre a promessa e a efetividade da mediação: uma análise da mediação no contexto brasileiro

Abstract

This article aims to address the aspects of mediation in Brazil, showing that its use is focused on resolving the conflict via the agreement, methodology which is close to the US mediation ideal. We attempted to demonstrate that in the law-enforcement areas there is a belief that the mediation will be able to expedite the resolution of conflicts and to reduce the number of claims in the courts. However, it is important to question the methodology of mediation in the Brazilian context, in order to make the method to contribute effectively to a cultural change in the Brazilian society, leaving the adversarial paradigm of conflict approach to a new form of social regulation, based on dialogue and in a productive conflict view. Thus, it is believed that mediation, should not only to be used to resolve conflicts by the agreement of interests but it has also a significant potential to promote a culture of social peace, as long as its use is rethought in Brazil.