LEGAL CONFLICT MANAGEMENT

MEDIATION, CONCILIATION, NEGOTIATION AND ARBITRATION AND THEIR INTERFACES WITH ADMINISTRATION INSTRUMENTS.

Abstract

Legal conflict management is a new paradigm for overcoming issues related to costs, efficiency and the duration of processes in the Brazilian Courts. This article will predominantly address, from a legal point of view, the following concepts and techniques, which are mediation; conciliation; the deal; and arbitration. Furthermore, the thematic field of this study portrays the theory based on the analysis of the results presented by the following bodies: National Council of Justice – CNJ; and Court of Justice of the State of Minas Gerais – TJMG. This analysis includes a study of management techniques that contribute to a critical analysis of the results obtained. The methodology used makes it easier the understanding of Legal Conflict Management and its interfaces with administration instruments. In this sense, it shows that administration practices are fundamental to the process of continuous improvement of the results of the Courts and Defenders. Therefore, it‘s concluded that interdisciplinary theoretical knowledge applied to practice is essential to the process of building justice for everyone.