Arbitration as alternative of the state for conflict resolution

Abstract

Because of the barriers to access to justice in Brazil, it has used alternative conflict resolution such as conciliation, mediation and arbitration, the latter the subject of this work. The research method used in this work was deductive, using bibliographic research, with documental technique. Arbitration is a private alternative technique of conflict resolution, which has the main characteristics of dispute resolution through a third party that can be a referee, referees, or a specialized arbitration body. The parties will collude choosing this arbitrator, who will normally be an expert in conflict object. Such an object should be balance and available. The parties may stipulate the deadline for award, but if you do not will be six months, which will the institution of arbitration or the arbitrator replacement. The arbitration shall be considered made upon acceptance of the referee and may be in law or in equity, at the discretion of the parties. The presence of the lawyer is optional and the arbitral proceedings shall respect the principles of contradictory, equality of the parties and legal defense.