The lawyer and alternative dispute resolution methods - ADRs - conciliation and mediation

Abstract

Seek, in brief summary, bring out the essentiality of law for the order to reach the ideal of Justice when the peaceful settlement of disputes through alternative methods to the provision of judicial activity (conciliation and mediation, in particular). In item 1 we pointed out the meaning of "access to justice", which included defining justice as something inherent in conflict resolution as well as a brief historical development of mechanisms to achieve it: autotutela, heterotutela and autocomposição. In item 2, in short, we highlight the relevance constitutionally given to advocacy for effective access to justice. In item 3 deepen a little the question of the role of law in this scenario, but so directed conciliation and mediation. Finally, we conclude (consensus) that a new scenario is presented and, before that, the law as an essential function to Justice must adapt to this new reality in which their participation is unquestionably relevant, or, indeed, unquestionably critical.