Abstract
Social conflicts are becoming more complex every day and, therefore, the development of alternative forms of conflict resolution is necessary in view of the limited role of the Judiciary. With this, mediation gains more space in Brazil and in the world through the 2019 Singapore Convention on Mediation. Mediation is beneficial in the urban context to stimulate the population’s participation and guarantee legitimacy at different levels of power. It enables public and private convergences, better public interest comprehension about the best way of life in cities and enhanced democratic management due to better dialogue and cooperation with the public administration. Mediation focuses on the interventions’ reasons, the role of those involved in the process, welcoming the urban conflict with its peculiarities. It promotes the constitutional principles of democracy, pacification, solidarity, dignity, autonomy of will, speed and popular participation in the administration of Justice. However, in urban conflicts, which involve public administration and a multiplicity of parts, it is often necessary to apply collective or multiparty mediation. Thus, the article’s main objective is to address the effectiveness of multiparty mediation as a solution to urban conflicts through the analysis of 5 (five) concrete cases mediated at the Judicial Dispute Resolution Centers – CEJUSC of the Rio Grande State Court of Justice of the South in Brazil. In the first step, a theoretical-descriptive analysis of multiparty mediation in Brazil and the mediator’s role is carried out. In a second step, we will perform the analysis of practical cases to reach the appropriate conclusions.
Highlights
Article 37The governmental entities and entities owned by the Government in any of the powers of the Union, the states, the Federal District and the municipalities shall obey the principles of lawfulness, impersonality, morality, publicity, and efficiency, and the following (Jun. 21, 2021), available at http://www.stf.jus.br/arquivo/cms/legislacaoConstituicao/anexo/brazil_federal_constitution.pdf
Social conflicts are becoming more complex every day and, the development of alternative forms of conflict resolution is necessary in view of the limited role of the Judiciary
The article’s main objective is to address the effectiveness of multiparty mediation as a solution to urban conflicts through the analysis of 5 concrete cases mediated at the Judicial Dispute Resolution Centers – CEJUSC of the Rio Grande State Court of Justice of the South in Brazil
Summary
The governmental entities and entities owned by the Government in any of the powers of the Union, the states, the Federal District and the municipalities shall obey the principles of lawfulness, impersonality, morality, publicity, and efficiency, and the following (Jun. 21, 2021), available at http://www.stf.jus.br/arquivo/cms/legislacaoConstituicao/anexo/brazil_federal_constitution.pdf. It is worth mentioning that there is a limited number of researches addressing the issue by analyzing practical cases that involve the public administration; they do so in multiparty negotiations, not mediations.. It is worth mentioning that there is a limited number of researches addressing the issue by analyzing practical cases that involve the public administration; they do so in multiparty negotiations, not mediations.5 They are essential because mediation is a negotiation with a neutral third party. The references consulted are based on specific technical literature, scientific articles, manuals on the subject, and Brazilian legislation on mediation
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