MEDIATION AS AN INSTRUMENT FOR ACCESS TO A FAIR LEGAL ORDER AND RESPECT FOR PERSONALITY RIGHTS

Abstract

Initially, this article refers to conflicts in the social environment, emphasizing their potential so that fundamental human rights, and especially those of the personality, do not reach practical effectiveness. In this context, this article points out that after the dispute turns into a lawsuit, there are several problems in the Judiciary, as well as the direct and indirect costs (and wear and tear) for the parties and society. Using data that induce conclusions and the deductive and hypothetical-deductive methods aims to examine this reality. And it is in this scenario that highlights the fact that, especially in this century, alternative dispute resolution means (ADRs - Alternative Dispute Resolutions) have come to be recognized. Especially in this study, mediation is highlighted as an instrument aimed at providing a faster and better quality solution for the parties. In the latter, providing a quicker closure of the process through a solution that the parties have jointly built and consider fair (and therefore more likely to be complied with) and, at the same time, pushing to eliminate the sociological struggle as well. In this way, mediation is valuable in order to contribute to the realization of human, fundamental and personality rights, so important for people and the rest of society.