ARBITRATION AS AN ALTERNATIVE CONFLICT RESOLUTION METHOD WITH EMPHASIS ON FAMILY LAW

Abstract

This article discusses alternative conflict resolution methods. Among these, negotiation is mentioned, which consists of arguments between litigants, with the aim of resolving their own conflict. Conciliation is also mentioned, which concerns the attempt to resolve a dispute through an impartial third party. Furthermore, it refers to mediation, in which the mediator helps conflicting parties to contemplate new perspectives on the case. Finally, with more emphasis on arbitration as one of the alternative methods, in which there is the participation of an arbitrator who decides the merits of the issue. At this juncture, their particularities are addressed in the face of available and unavailable rights that, consequently, interfere with family issues. In this way, its benefits to litigants, the community and the judiciary are understood. After analyzing the issue through the prism of several renowned authors and current legislation, it is concluded that the mechanism addressed in this dissertation proves to be very effective when applied to family property rights, considering that these tend to result in long and exhausting processes. Choosing arbitration brings about several benefits, such as speed and efficiency, in addition to providing a closer relationship between the parties. However, its use cannot be widely applied, considering the particularities of some rights, such as those available and unavailable that, consequently, affect family rights. In view of the above, the technique discussed is a great ally for unblocking the judiciary, for the parties themselves and for the development of society as a whole.