Mediation mechanisms as an alternative dispute resolution involving public power and economic and social organizations

This paper is about the contemporary difficulties and challenges of the Brazilian Judiciary, especially the implications of the use of the mediation mechanisms as an alternative dispute resolution technique. The research was carried out: a) bibliographic, where a survey and a record of the most recent homeland works in the subject were made; b) documentary, an opportunity in which the history and the main existing Brazilian legislation regarding the matter were presented; c) descriptive, in which the various actions of the Judiciary were analyzed; and, d) applied, in which the rates of conciliation were demonstrated; as well as the reality experienced by a local Court in recent years. As a result, it was concluded that, despite the existence of numerous normative acts aiming at the adoption of these methods; in the day-to-day provision of jurisdiction, this scenario was not reflected, whose managerial behavior remain focused on the use of the traditional adjudication technique.