From teory to praxis: a new aproach about the eficiency of the mediation in collective conflicts

Abstract

The modern civil procedure has developed according to the critics that have been made about its extreme individualism and hardness. Two of those are the procedure of class actions and the mediation of conflicts. This work sums these both points of view to defend the pacific solution of collective conflicts. The growing problematic around effective access to justice in this matter increase de debate about different and more efficient methods. But for this analysis is necessary to specify the problems in applying private instruments to public litigation. Finding the start point, suggest orientations, present the limits in consensual solutions, and indicate where the mediation can be more efficient are the aim of the present study. Therefore are brought to the debate the theory arguments and data from a self-made field research.