mediation time

Mediator has no interest in the dispute and does not decide anything, nor does he express his opinion

Mediation is in evidence and there has never been so much talk in Resolution No. 125 of the National Council of Justice, which establishes rules for the proper handling of conflicts within the Judiciary, raising it as an instrument of social pacification.

At the legislative level, the approval of the New Code of Civil Procedure is eagerly awaited, which brings provisions on mediation and the figure of the mediator, a new character in the structure of the Judiciary. Likewise, the process of PLS ​​517/2011, already approved by the Senate, which institutes and disciplines the use of mediation as an instrument for the prevention and consensual resolution of conflicts, is enthusiastically monitored by the Chamber of Deputies.

In public and private contracts, law No. 9.307/96, which provides for arbitration and, more timidly, for mediation, has been frequently invoked by contracting parties, immediately establishing alternative conflict resolution methods.

In practice, the interest can be seen in the growth in the number of mediation chambers in the country, whether in the public or private area, in the creation of courses for the training and qualification of mediators and, above all, in all this legislative effort in recent years. Some say that it is no longer an alternative method of resolving disputes, but an adequate form of pacifying differences.

In fact, mediation is a powerful non-adversarial conflict resolution tool, whether in the judicial or extrajudicial spheres, not only because of the notorious slowness of the Judiciary, which cannot satisfactorily resolve the plight of the litigants, but mainly because of all the benefits of the procedure. .

Contrary to what one might think, the protagonist is not the mediator, but the mediatees, who voluntarily participate in the process and try to reach consensus. The mediator facilitates dialogue between the parties and sheds light on the darkness of thoughts.

As an impartial, independent and autonomous third party, the mediator has no interest in the dispute and does not decide anything, nor does he express his opinion on the facts confidentially narrated by the parties.

But their techniques and tools are fundamental. Their empathy and patience create an environment of security and tranquility for the mediators, who begin to reflect not only on the conflict itself, but on the relationship as a whole. Everything is built with a lot of credibility and trust, of course, because without that, you can't walk hand in hand.

With his skill, the mediator tries to deconstruct the conflict and rebuild the relationship, allowing the mediates to build a solution together. A kind of listener with eyes of hope and a harmonizer of differences.

Its mission is not easy, but very important, because, like a hummingbird, it throws its pollen on the flowers, waiting for time to germinate the seed of consensus.

Marcelo Mazzola is a lawyer

Source: http://oglobo.globo.com/opiniao/tempo-de-mediacao-14956799 (04/01/2015 0:00)