THE CONCILIATION HEARINGS (SESSIONS) AND THE PREMEDIATION IN BRAZILIAN SMALL CLAIM COURTS

Abstract

This paper examines the compatibility of mediation and the Brazilian Small Claims Courts procedure, within the scope of the National Conflict Resolution Policy. From the teleological point of view, it focuses on the mission of the Small Claims Courts, to expand access to justice and to disseminate self-composition methods, under the sign of informality. It examines the distinctive aspects of mediation and conciliation and suggests adapting the procedure so that, once the diagnosis of the most appropriate method for resolving the dispute is made, procedural acts are adapted to carry out pre-mediation, when appropriate.