Arbitration, mediation and peace judges: alternatives to the judicial method in Portugal
What are the alternative means to resolve the conflict?
In excess pregnancy scenario court Long lawsuits, stabbing in arbitration and conflict mediation as an alternative to resolving dispute (MAR) grows in Portugal. These forms outside the judiciary provide effective, rating and less bureaucratic solutions. In fact, our experience during LawyersThat these alternatives, when used properly, can allow Litigation More graceful.
Arbitration
How do you work and what are the advantages?
Arbitration allows the parties to submit the dispute decision to a ruling or arbitration court, that is, outside the “joint” courts. The arbitration penalty has a legal value equivalent to the court ruling, with the executive force. It can be arbitration For Or institutionalism, that is, organized directly by the parties and government, without the intervention of an institution or, in a variety of interference, through recognized arbitration centers, which are specialized institutions.
Among the benefits include procedural and secret speed and technical specialization of rulers. The costs may vary, being more suitable for value -with higher or complex conflicts.
mediation
What is, in cases that apply to them and what are the advantages?
Mediation is a voluntary and confidential process, conducted by a neutral broker that helps the parties build a negotiable solution. Conflict mediation is widely used in areas such as Family Lawand Labor Law and Labor RelationsAnd consumption law and Commercial conflictsEnhancing dialogue and avoiding the escalation of conflict.
It is an option at reasonable, effective and collaborative prices between the two parties.
So, what about the rulings of peace?
In turn, the provisions of peace are courts that seek to provide a less formal alternative to the “joint” procedural courts.
Consequently, the jurisdiction of the provisions of peace is limited, on the one hand, to the value (which amounts to a specific value under the law), and on the other hand, to the (smaller) complexity in the matter, such as issues of the consumption law, Family LawConflicts a contractsmall Debt and fees And other civil matters. Peace judges, for example, do not remain a specialization for criminal issues (the crime), which is still in the exclusive judicial jurisdiction of the judicial courts.
The provisions of peace initially work with an agreement attempt; And thwarting this, the process of applying for ruling, which provides for more unofficial sessions, without the solidity of the traditional courts, being the final, the sentence that, although it is not a “common” formal formation has a legal effect on an equal footing.
Among the advantages of peace provisions, we can highlight a simple access to justice, speed and low procedural costs.
conclusion:
Upon arrival here, both arbitration and mediation are viable alternatives to judicial paths, providing advantages such as speed, economy and flexibility. In turn, the rulings of peace, as the structure of the court equally, is also presented as a less formal and slow alternative to “regular” courts.
However, the matter deserves analysis and consideration informally according to the case, because the analysis of the adequacy of these methods is determined, because in some cases they may not have efficiency to know the topics under discussion or may not be, in certain contexts, are the solutions that defend the targeted interests.
* lawyer CBA legal advisers.
Legal warning: This article is just useful and its content cannot be considered providing legal services or consulting of any kind. It is according to the general and abstract nature and does not apply directly to any specific case, so it is not dispensed with a properly qualified professional consultation, and the reader should not behave or stop behaving by returning to his content.
