Mediation: Strategy for the Crisis in Justice

21/11/2019 Por Marcia Lima

Jurists participate in the launch of the work "Mediation and Arbitration: Alternatives to Jurisdiction," by Jose Luis Bolzan de Morais, Doctor in State Law and Professor at FDV, this Friday (22) in Vitória

According to data from the National Justice Council (CNJ), about 80 million cases are still pending in the Justice system. To address this significant demand, mediation emerges as an important resource, even in disputes involving public administration. This is one of the aspects addressed in the book "Mediation and Arbitration: Alternatives to Jurisdiction," written by State Attorney Jose Luis Bolzan de Morais, which will be launched this Friday, the 22nd, at the auditorium of the Faculty of Law of Vitória, in Santa Lúcia.

Jose Luis Bolzan de Morais is a State Attorney for Rio Grande do Sul (RS) and holds a doctorate in State Law. This is the 4th edition of the work, updated with Laws 13.140/2015 and 13.140/2015, and also includes the discussion of the use of new technologies for conducting mediation procedures, in particular.

The theme is one of the strategies to alleviate and provide responses to citizens in times of crisis in the State and the Justice System, as well as constituting a technique that allows for other practices of conflict resolution outside the forensic environment. "Mediation is a different and necessary path for conflict resolution. The State is experiencing a crisis in its Justice System, with many cases pending, awaiting a decision from the Judiciary. Through mediation, it is possible to advance these demands and give flow to the Justice system, as well as provide an opportunity to use consensus as a means of constructing responses to conflicts that do not even require jurisdictional intervention," he explains.

This opinion is shared by the president of the State Attorneys Association (Apes), Leonardo Pastore. "'Delayed justice is not justice; it is qualified and manifest injustice.' This timeless phrase by Rui Barbosa carries the tone that should guide the resolution of disputes. The concern of lawmakers to bring more agility to Brazilian justice is necessary and contemporary to the needs of the litigants, with the Civil Procedure Code being a good example, which encourages conciliation, mediation, and other methods of consensual conflict resolution by all legal actors," he comments.

About the event:

In addition to the work of Jose Luis Bolzan de Morais, the program also includes the launch of the book "Electoral Process and Rule of Law: Dialogues on Democracy and Politics," by Edilene Lôbo and José Emílio Medauar Ommati.

Understand:*

Who can mediate? Everyone! If you have a case in court, you can try to resolve the issue through negotiation. What should I do? Go to the nearest court unit and look for the mediation center or department. There, say that you have a case in court and want to mediate. This applies if you have a case pending in Federal Court, State Court, or Labor Court and want to mediate. What if the other party does not agree? What happens then? Then, there is no agreement. The judge cannot force anyone to mediate, neither you nor the other party. Is mediation a waste of time? Yes. It is a participatory and quick way to resolve the conflict: you decide what is best for you. Does mediation mean you are giving up what you actually deserve? Not at all! Mediation is not an all-or-nothing situation. It is a way to resolve the problem without winners and losers. In mediation, everyone works together so that everyone can win! What are the benefits of mediation? The parties do not need to spend time on documents, nor suffer the emotional strain of maintaining a conflict indefinitely. It is also peaceful as it is a spontaneous, voluntary act agreed upon by both parties. * with information from CNJ.

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