THE MEDIATION INSTITUTE: AN ANALYSIS FROM THE PERSPECTIVE OF THE NEW BRAZILIAN CIVIL PROCEDURE CODE

Abstract

This article aims to carry out an analysis of the institute of mediation, considering that the New Code of Civil Procedure, in force from 2016, brought considerable provisions on mediation, which was not dealt with in the old Code of Civil Procedure of 1973. In this sense, the focus of the work is to expose what were the main changes brought about by the new legislation, with regard to the institute of judicial mediation. However, it is not possible to fail to analyze extrajudicial mediation, which was already addressed by Resolution no. 125/10 of the CNJ and by Law no. 13,140/15 – Mediation Law. Furthermore, a brief historical evolution of mediation in
Brazil will be outlined, aiming to demonstrate that, currently, this institute has reached its legislative peak, through the imposition of the legislator to practice the conflict resolution technique in the Brazilian Courts. Finally, we seek to conclude whether the mandatory implementation of mediation will in fact be effective, accelerating the resolution of conflicts within the bodies of the Judiciary and reducing the volume of processes quickly, or whether it will be nothing more than a procedural delay, considering the time required for each mediation session and the expense for the parties involved.