Regime Jurídico da Mediação Judicial: aplicação concreta da mediação

• Ano de defesa: 2022
• Autor(a) principal: Reis, Elisa da Penha de Melo Romano dos
• Orientador(a): Alvarez, Anselmo Prieto
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Conflito; Mediação; Aplicabilidade; Consenso
• Palavras-chave em Inglês: Conflict; Mediation; Applicability; Consensus
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.pucsp.br/jspui/handle/handle/30907

Due to the high number of lawsuits, there was a need to create tools capable of unblocking this system, as well as to reduce the time for resolving conflicts, which, due to advances in all aspects, become increasingly frequent. This dissertation aims to present the significant changes brought by the Civil Procedure Code (CPC), Law nº 13.105 (BRASIL, 2015), mainly the increase of consensus as one of the objectives to be achieved by the Brazilian legal system, which was consolidated with the enactment of the Mediation Law, Law No. 13,140 (BRASIL, 2015a), both norms defined as a legal framework for mediation in the legal system, considered adequate self-composition methods of conflict resolution (mediation and conciliation). The study will show how essential this method is in the search for consensus and how necessary it is to address the issue as a concrete possibility of judicial mediation in the treatment of controversies, to achieve practical results intended by the parties using these means. This is a research with a qualitative approach, which had as means of investigation the bibliographic research, since it was carried out a survey of material published in books, magazines, electronic networks, as well as in laws that govern the topics covered; and, still, a field research, since it has as general objective to investigate the way of acting of the mediator in the processes of the Judicial Mediation of first degree (District of São Paulo), in relation to the accomplishment of the conciliation and/or mediation. To achieve the established objective, a semi-structured questionnaire was applied with 4 mediators from Greater São Paulo