Teaching appropriate conflict resolution methods as an incentive to de-judicialization

Abstract

The multi-door justice system is an alternative for reducing the number of lawsuits brought before the courts. The so-called crisis of the Judiciary can be alleviated through the use by society of other appropriate methods of conflict resolution, such as negotiation, conciliation, mediation and arbitration. However, in a society characterized by a culture of litigation, the judicialization of social conflicts is also a cultural problem, since citizens commonly only know the judicial route as a mechanism for social pacification. This raises the question of whether ignorance of the multi-door justice system is, in fact, an aggravating factor in the phenomenon of judicialization, so that, contrario sensu, teaching other ways of resolving disputes could be considered a cultural strategy to achieve gradual de-judicialization. Therefore, based on a review of the literature, especially consultations of specialized doctrine and analysis of legal texts, this article presents the theory of conflict and the way in which disputes occur in society, as well as explaining what the so-called multi-door justice system consists of, briefly presenting the appropriate dispute resolution methods that make it up. The aim was also to demonstrate that judicialization is based on a cultural problem, which must be gradually resolved by teaching the techniques for reaching appropriate solutions to the disputes that emerge from social life.