THE PEACEFUL RESOLUTION OF CONFLICTS: MEDIATION AS A RESOLUTION TECHNIQUE IN CIVIL PROCEEDINGS AND RESTORATIVE JUSTICE AS A RESOLUTION MECHANISM IN CRIMINAL PROCEEDINGS

• DOI: 10.22533/at.ed.2162252201126

• Palavras-chave: Conflict resolution; Mediation; civil procedure; criminal proceedings; restorative justice.

• Keywords: Conflict resolution; Mediation; civil procedure; criminal proceedings; restorative justice.

• Abstract:

  This article addresses the peaceful resolution of conflicts in civil proceedings with the tool of mediation and in criminal proceedings, the use of restorative justice. This is a bibliographic research and literature review on the subject. Initially, the conceptual discussion about Mediation is faced, in order to differentiate it from the technical concepts of arbitration and conciliation. Next, the possibility of use in criminal and civil proceedings is analysed. The analysis is limited to the dogmatic approach based on Law number: 13.140/2015 and Resolution number: 125 of the national justice council and subsequent amendments, regarding conflict resolution in civil proceedings and the reference to restorative justice in criminal proceedings.