JUDICIAL MEDIATION: an analysis of the judicial spaces in the face of conflict resolution

Abstract

The proposed study will start from an analysis of the judicial space based on the theories defended by Antoine Garapon given his traditional litigiousness in front of the conflict resolution mechanisms implemented at the Judicial Center for the Resolution of Conflicts and Citizenship - CEJUSC of the Central Forum and the Regional Forum of the Partenon, in view, the institution by the CNJ of Resolution no. 125/2010, which implemented the National Judicial Policy of adequate treatment of conflicts of interest within the scope of the Judiciary, of the Code of Civil Procedure - Law no. 13,105 / 2015 which seeks to encourage the use of alternative means of resolving disputes and, subsequently, Law No. 13,140 / 2015 called the Law of Mediation. The general objective of the research is to analyze the influence of the judicial space in the realization of judicial mediations, since, these spaces are hierarchical, controlled, representing the strength and power of the Law. We use empirical research structured through fieldwork, analyzing the judicial spaces for mediation sessions at CEJUSC of the Central Forum and the Regional Forum of the Parthenon, as well as, in the conciliation hearings of the 1st Family Court of the Central Forum and the Court of the Parthenon Regional Forum in Porto Alegre / RS - Brazil. Finally, we used images / photographs of the researched judicial spaces. To support the study, we conducted a literature search and legal documents.