The (in)effectiveness of judicial conciliation in the context of Special Civil Courts

Conciliation Center of the State of Goiás

Abstract

This paper analyzes conciliation in both common legal proceedings and civil small claims courts, as well as the (in)effectiveness of conciliation in the Conciliators Center of the State Court of Goiás. This study is justified because Brazil is facing a high demand for legal cases without sufficient resources to handle them effectively. Consequently, consensual methods become crucial tools to enhance access to justice for the population. Additionally, the Brazilian Civil Procedure Code of 2015 emphasizes the importance of court auxiliaries in promoting conciliation at any stage of the judicial process. To conduct this research, various methodologies were employed, including bibliographic research, exploratory analysis, qualitative and quantitative approaches, descriptive studies, and explanatory analysis. The relevant Brazilian legislation on this topic was also analyzed. The findings indicate that the establishment of the Conciliators Center at the State Court of Goiás led to an increase in the number of conducted hearings and agreements, as evidenced by the collected data. However, it’s essential to recognize that there is still progress to be made concerning the total number of conciliations and the agreements reached. Several factors contribute to this outcome, which will be discussed throughout this article. Notably, the cooperation of all parties involved in the process, including the pivotal role of attorneys, can significantly impact the success of conciliation. Providing proper guidance and ensuring a well-executed and cooperative procedure can enhance positive outcomes in civil small claims court conciliations.