Self-composition and conflict mediation: understand where it can be applied and what are the types
By Vaine Cordova
Self-composition is a form of conflict resolution between people, in which there is the spontaneous consent of one party to renounce their own interest, in whole or in part, in favor of the interest of the other party. It is an alternative means of social pacification, which may occur outside or within the judicial process.
There are three types of self-composition, all of which depend on the will of one or both parties involved:
- Withdrawal, in which there is a waiver of the claim;
- Submission, which is acceptance of the conflict resolution offered by the opposing party;
- Transaction: consisting of reciprocal concession between the parties.
It is notorious that the parties in conflict are often in a situation of animosity, which makes it difficult not only for dialogue between them, but also for them to accept concessions in their claims. Thus, self-composition gained great repercussions with the New Civil Procedure Code (2015) and the Mediation Law (Law No. to resolve their conflicts more quickly and less costly when compared to the judiciary.
Mediation, which is a process of self-composition, allows a third party to help the conflicting parties to establish a dialogue, creating conditions and options for the parties’ claims to be satisfied without the need for a court decision. For this reason, conciliation, when satisfactory, puts an end to the dispute between the parties much more quickly when compared to the judicialization of the demand.
Mediation can be extrajudicial, carried out, for example, in private chambers, following the rules established by the Mediation Law, or judicial, and can be carried out both before starting a process and in the course of an action.
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