O futuro da justiça multiportas: Mediação em risco?

Abstract

The Civil Procedural Code brought in §2nd of its art. 3 the state’s commitment to consensus on the fundamental norms of civil procedure. However, it provided for the mediation and conciliation hearing to be an act inherent in the common proceeding and it also brought judicial mediators and conciliators to the category of court clerks. The federal law n. 13.140 / 2015 stated that mediation is a technical activity and provided requirements for acting as a judicial mediator. If on the one hand the positivity of the mediation institute contributed to the legal legitimation and cultural development triggered by CNJ Resolution n. 125/2010, on the other hand risks to the nature of the institute and the profession of the mediator are perceived. This article deals with the multidoor courthouse system, the legal regulation of judicial mediation, its procedural steps and the formation of a collaborative and complementary team between mediators and lawyers. The objective is to identify the risks that the judiciary system must avoid to materialize in the practice of judicial mediation. For this purpose, it is based on bibliographic methodology having Ulrich Beck’s thinking as theoretical foundation.