Preliminary Studies on Mediation

Abstract

The resurgence of old alternatives for the solutions of conflicts, among them, the mediation, has transformed the doctrinarian experience into a dialectic exercise for the application of law to a concrete case. The success, obtained in many Latin American countries, United States and Europe, in addition to Brazil, has revived the institute and the notions of living in society and justice, so dear to the law. Mediation, through the valorization of the emotional and psychological aspects, and starting from a conception of reflexive acting, is opposed to the adversarial tradition, and proposes the dialog among individuals in order to concretize justice. This present article intends to show, briefly, the ways followed the institution of mediation, considered as an ally of real justice.