Importance, features and relationship of multi-tier clauses in mediation and arbitration

Abstract

The paper’s purpose, through a theoretical-practical approach, is to highlight the relevance and functionality of the multi-tier clauses in the mediation and arbitration environment, where the mediator, equipped with techniques and experience, makes it possible to relieve the arbitrator’s work so that it deals only with insoluble issues. The mediation before the arbitration proceedings offers the parties the reestablishment of communication and, therefore, the protagonism and the transformation of the dispute. Thus, the Multi-Door Courthouse System and the ADR types provide the prospective reality that enables access to the population as a fundamental right to resolve judicial or extrajudicial disputes.