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SELF-COMPOSITION POLICY: PRIVATE CHAMBERS IN THE NATIONAL SCENARIO

Abstract

The purpose of this article is to analyze the use of proper methods of conflict resolution - such as conciliation and mediation -, as well as the incorporation of technological solutions for this purpose. In order to contextualize the phenomenon in the national field, institutions dedicated to conflict resolution in alternative ways to the judicial process registered as private chambers with the Courts of Justice were analyzed. Methodologically, a descriptive treatment was adopted, through literature review, documental research, sending questionnaires to private chambers and interviews. The phenomenon observed is heterogeneous in the country in terms of the quantity and distribution of private chambers; the legal nature of private chambers and the methods used by them. The incorporation of technology was verified in the private chambers and fully automated initiatives (ODR) were observed. The study contributes to the systematization of dispersed information and to the deepening of the study on a current and lacking in literature topic.

Keywords
Access to justice; Alternative Dispute Resolution (ADR); mediation and conciliation; Online Dispute Resolution (ODR); private chambers

Fundação Getulio Vargas, Escola de Direito de São Paulo Rua Rocha, 233, 11º andar, 01330-000 São Paulo/SP Brasil, Tel.: (55 11) 3799 2172 - São Paulo - SP - Brazil
E-mail: revistadireitogv@fgv.br