The flexibility of mandatory mediation in article 334 of the CPC from the Multi-door Justice System

Abstract

This article analyzes the mandatory mediation provided for in the legal provision contained in art. 334 of the Civil Procedure Code (CPC) of 2015 based on the principles and dogmatics provided for in the multi-door justice system, with a focus on the possible flexibility of the judicial conciliation or mediation hearing. The obligation of this hearing, provided for in art. 334, highlights the appreciation of dialogue and the autonomy of the parties in the construction of consensual solutions. However, the research demonstrates the need for a flexible interpretation of the aforementioned article, in order to adapt it to the different realities of the multi-door justice system. To support this approach, the article presents the multi-door justice system and discusses how conflict resolution can be achieved through alternative means to the Judiciary. Next, the controversies surrounding art are addressed. 334 of the CPC and its procedural implications. Finally, the compatibility between the procedural rigidity established in art. 334 and the guiding principles of the multi-door justice system, aiming to adapt the method to the conflict. Using bibliographical research and the hypothetical-deductive method, it is concluded that flexibility in the context of multi-door justice allows for greater adaptation of the system to the peculiarities of legal issues, allowing greater effectiveness in resolving conflicts and contributing to greater effectiveness of the procedural system and a change in the culture of litigation in our legal system.