A escuta ativa e a comunicação não violenta como instrumentos de aprimoramento das audiências de conciliação e mediação

Abstract

This article analyzes how active listening and nonviolent communication (NVC) can be essential to significantly improve conciliation and mediation hearings, contributing to transform Brazilian legal culture in the face of its slowness, excessive litigiousness, and the adversarial communication that predominates in the justice system. Based on official data from the National Council of Justice (CNJ), specialized literature, and international experiences, it is demonstrated that the effectiveness of consensual methods depends less on the structural expansion of the Cejuscs and more on the communicational quality between the parties, especially when mediators and conciliators apply empathetic and structured practices capable of reducing tension, promoting trust, and strengthening the protagonism of those involved, resulting in more stable and satisfactory agreements. Drawing from interdisciplinary references — such as Legal Psychology, Legal Sociology, Communication Theory, and the studies of Rosenberg, Rogers, Grinover, Maldonado, and Dantas — it became clear that conflicts do not possess only legal dimensions, but also social, emotional, and cognitive ones, requiring appropriate communication techniques for resolution to be effective. It is concluded that the integration of active listening and nonviolent communication in hearings represents a methodological and cultural advance that already produces concrete results, although it still depends on greater professional training, and that its strengthening in consensual practices may serve as a basis for expanding such methods to the Brazilian legal system as a whole, promoting a more humane, democratic, and efficient justice.