A mediação como meio adequado de resolução de conflitos empresariais

Abstract

This paper has the objective of study the conflict inside human’s relations, exploit the institute of mediation, analyse the business conflicts and their resolution and correlate the mediation caracteristics with the adequate solution of conflicts in the enterprise context. The methods utilized for the realisation of this study were the exploratory and the descriptive, fundamented by a qualitative approach, based in bibliographical and docomental researches. The most relevant result is the observation of the existing compatibility between the use of mediation and the adequate solution of conflicts developed in the enterprise context. It was noticed that essential caracteristics of the mediation process are benefics to the resolutions of corporative conflicts, as an exemple of those: the confidenciality; the velocity; the dialogue and consensus incentive; and the educational character of the mediation process. Business mediation cases were analysed to demonstrate compatibility, the cases relate to: Family businesses, intellectual property and franchise contracts. The main contributions of this study are the desestimulation of the litigation culture, conscientization about the acess to justice related to adequate dispute resolution and the incentive to the use of alternative dispute resolution methods, aiming the preservation of the enterprise and its social function.