Mediation in the Perspective of Law & Economics

Abstract

The Brazilian law is experiencing a moment of unjudicialization of conflicts. The reasons why the stampede of the controversial issues of the courts are numerous and plausible. By the presented article, is sought an alternative to litigation the Mediation procedure, making use, to this end, the perspective of Law & Economics to demonstrate the feasibility of the institute, in a necessary modification of the litigant mentality of the Brazilian population. We present therefore as an advantage the economy of effective financial amount as well as time and uncertainties, removing of the Judge the need to impose a decision and so that those involved in trouble themselves can find a better solution, friendly, fair and economical.