Formação e capacitação dos mediadores judiciais do Tribunal de Justiça do Rio Grande do Sul

Abstract

The following paper objectives to identify the formation and capacity of the judicial mediation of Tribunal de Justiça do Rio Grande do Sul (TJ/RS), according to Resolution 125/2010 of Conselho Nacional de Justiça (CNJ). To do so, it was realized a quantitative and qualitative research, whereas it was applied an online survey, organized in ten questions, both objectives and subjectives, designed to 46 judicial mediation instructors that act in TJ/RS, being that 31 of the 46 instructors answered it. As a result, it was identified that the formation and capacity of the judicial mediation is based on Harvard School, which implies being a model reasoned on the construction of an agreement built by the related parties in a mediation proceeding. Nevertheless, such model apply itself to various types of conflicts that reach the judiciary, presenting some limitations in relation to the construction of the understanding in the resolution of these conflicts. Therefore, it concludes that the formation and capacity of the judicial mediation, even restricted by one School, have an objective approach in the acting and resolution of conflicts, being that the formation of this mediation demands the use of diverse knowledge so the judicial mediation would produce real effects. Keywords: Mediation. Resolution 125/2010 CNJ. Judicial Mediation. Formation. Capacity.