Métodos autocompositivos de resolução de conflitos no ordenamento jurídico brasileiro: evolução e considerações sobre o caráter obrigatório da audiência preliminar de conciliação e mediação prevista no CPC/2015

Abstract

Although not a recent phenomenon in Brazilian law, collaborative methods of conflict resolution have undergone significant evolution since 2015, as a result of the promulgation of the “Resolution no. 125 of the CNJ”, the “Mediation Law” and, above all, the “2015 Civil Procedure Code”. These normative acts originated a true auto-composition system in the national legal system, establishing various procedural guidelines. Among the innovations, is the preliminary conciliation/mediation hearing, foreseen in CPC/2015, which is mandatory. Therefore, the present work aims to analyze the current system of collaborative methods of conflict resolution, as well as the mandatory character of the conciliatory act at the beginning of the judicial process.