THE CONCILIATION OR MEDIATION HEARING IN THE CIVIL PROCESS SYSTEM

Abstract

This article aims to discuss some aspects related to conciliation or mediation hearing on the Brazilian civil procedure, due to growing encourage to the consensual dispute resolution, verified by the procedural reform movement post-1988. Taking as a framework the democratic procedualism, it is necessary to emphasize the basic premises to properly understand the use of mediation and conciliation as techniques of consensual dispute resolution, to avoid that the neoliberal furor of high productivity misrepresents the constitutional purpose. It is also important to highlight the procedural particularities of the conciliation or mediation hearing in the ordinary and special proceedings, due to the fact that Brazilian procedural system has many variations.

Keywords

• conciliation and mediation
• procedural reform
• civil procedure
• constitutional procedure