Paths of understanding: Dialogue and the vitality of peaceful conflict resolution

Abstract

This study promotes an analysis of the Extrajudicial Means of Dispute Resolution (MESCs), with emphasis on arbitration, mediation and conciliation, in view of the growing procedural overload in the common justice. The objective is to understand how these means, often considered a private jurisdiction, manifest themselves in the resolution of disputes within the scope of available property law. The research adopted the methodology of bibliographic review, through careful selection of bibliographic materials, aligned with the discussions on MESCs, providing a grounded and contextualized approach to the various areas of law. The analysis reveals that private law, a dynamic area, emerges as one of the most adept at arbitration. The benefits identified corroborate the conscious choice of users for these means, providing valuable insights into the effectiveness and efficiency of these practices in dispute resolution and contributes to the in-depth understanding of Extrajudicial Means of Dispute Resolution, highlighting arbitration as a relevant option in private law. The advantages identified reinforce the importance of these methods, suggesting ways to improve the effectiveness of the legal system in coping with procedural overload and in promoting a more efficient justice system adapted to contemporary demands.

DOI:https://doi.org/10.56238/sevenIVmulti2023-123