Conciliation: an instrument that can benefit corporations and citizens in resolving conflicts

This specificity is reflected in the conciliation when it is said to be more appropriate to conflicts without emotional relationships. By: Wilson Sales Belchior

We are currently experiencing a time of judicialization of social relations, with an expressive number of conflicts that were previously resolved in the private sphere and became part of the procedural stock of the courts, stimulated by different key factors that form a culture of judicialized conflict, which encourages adversarial paradigms. , seeing in the Judiciary the appropriate locus for resolving all types of controversies, opposing, therefore, the culture of self-composition, which supports the dissemination of the most appropriate means for conflict resolution, in a win-win perspective, with the necessary specificity between the Appropriate Dispute Resolution (ADR) technique and the characteristics of the conflict.

This specificity is reflected in the conciliation when it is said to be more appropriate to conflicts without emotional relationships, which bring about a hidden dispute, but with sporadic ties between the parties, consisting, in most cases, in formality, coming, for example, from a contract, as in situations involving consumer law.

This paradigm of strategic conflict management was greatly favored with the entry into force of the New CPC, which stipulated as a fundamental rule of civil procedure the promotion of “consensual resolution of conflicts” and the encouragement of “conciliation, mediation and other methods” throughout course of the judicial process (art. 3, §§ 2 and 3), bringing the possibility of holding the conciliation or mediation hearing in electronic media (art. 334, § 7), in addition to Section V, of Chapter III which reveals the transformation of the self-composition culture into judicial public policy.

This is reflected in the reconciliation indices, published by the National Justice Council, in the 2019 Justice in Numbers Report, calculated based on the “percentage of sentences and decisions resolved by ratification of the agreement in relation to the total of sentences and terminative decisions handed down”, observing 39% in the first stage of knowledge of the Labor Court, 18% in the stage of knowledge of the state Special Courts, as well as in the growth in the number of installed CEJUSCs that reached 1088 in 2018.

As it is a reality that is consolidating more and more quickly, it is necessary to underline the positive impacts of conciliation, for corporations and citizens, considering that this is the most appropriate technique for the conflicts that arise between these subjects, in the sense an integrative interpretation of the legal provisions that encourage extrajudicial self-composition between the parties, among which mention is made of the possibilities of enforcing rights, reducing legal liabilities, mutual gains, enhancing the corporation’s image for its target, valuing consumers, completion of an agreement in a short time when compared to the judicial process, among others.

An identical conclusion was pointed out by a Fortune 1000 survey on the effectiveness of adopting ADR mechanisms in the management of conflicts involving corporations, highlighting financial aspects, autonomy, confidentiality, privacy, satisfaction of all parties involved, maintenance of relationships and preservation of public image.

In the meantime, applications in Online Dispute Resolution (ODR) are characterized as instruments that can expand the benefits of conciliation for corporations and citizens, reaching, through the appropriate means and methods, an exponentially high number of stakeholders, at reasonable cost, quick access and simplified, with results already recognized in Brazil and abroad, reducing lawsuits, through self-composition.

Empirical research, of our authorship, under the guidance of Prof. Dr. Lília Maia de Morais Sales, observing the potential of an online platform project that applied conciliation to conflicts involving corporations and consumers concluded that the use of a more appropriation translates into a reduction in the processing time of the process, in the financial costs associated with it, positively impacting the reduction of the legal liability, with these results being progressively expanded into a technological solution, with resources from Artificial Intelligence and Business Intelligence, in ethical limits of the rules that regulate the legal services market in Brazil.

In other words, conciliation, combined with ODR, in appropriate conflicts, can undoubtedly maximize the benefits for all interested parties, while also contributing to the reduction of the stock of lawsuits in the Judiciary. This means that the self-composition culture must be a constant to be defended by the legal community.

Wilson Sales Belchior

Source: ClikJus website

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