Mediação e conciliação: a necessária previsão de um real incentivo

Abstract

This paper seeks to demonstrate the necessity to establish actual incentives to conciliation and mediation in order to overcome the culture of litigation. Court numbers show that the mere prediction of a phase for attempting a consensual solution in the civil procedure is not enough to create a real incentive for agreement. The methodology is based on literature review, the exam of important works and recent court numbers. We also compare the Brazilian, Italian and Portuguese legislation. The relevance of the study derives from the importance of promoting consensus-based methods to reduce the current overload of the Judiciary, ensuring efficiency.