A criação de uma plataforma online de resolução de conflitos: negociação e mediação especializada na prevenção e solução de disputas

Abstract

The paper “The Creation of An Online Platform for Conflict Resolution: Negotiation and Mediation Specialized in dispute prevention and solution” shows, firstily, the present situation of litigation in Brasil, presenting the numbers related to “sentence culture” and the consequent exhaustion of the judiciary system. In the first chapter, we also deal with the incentives to litigation and the Multi-Door Courthouse, thus enlarging the field related to conflict resolution mechanisms. Later, we developed the Design in the Dispute System. We point out how important it is for the attorney to think in a systemic way, that is, not only about one or another procedure for conflict resolution, but rather the combination of procedures. The second chapter and the first part of the paper is closed with the influences of behavioral law and economics in the combination of mechanisms. In the second part of the paper, we present the online systems of conflict resolution, the concepts, the existing actions and a modern conception about the right to action, exploiting the possibility of extinction/suspension of conflict, in case the consensual solution by the online methods is not reached. Finally, we present the online platform for mediation specialized in Real State Law, which represents the delivery of final practical work for the Professional Master Course in Business Law. The objective of the present work is to demonstrate that the creation of online negotiation and mediation channels can be extremely effective for the resolution of conflicts, specially demonstrated with a practical case that is the iAgree. The methodology used was the reaserch of concrete cases of online dispute resolution intiatives and the bibliography related to the matter.