A incompatibilidade do artigo 5º da Lei 13.140/15 com a atual tendência processual de resolução consensual de conflitos e com os princípios basilares da mediação

Abstract

This paper presents some considerations about the use of the legal hypotheses of impediment and suspicion to the mediator in the context of the current procedural system, through reflections about article 5 of Law 13.140/2015. The purpose of this study is to analyze the principles of autonomy and impartiality of the mediator, based on the teleological interpretation of the new CPC and on the instrumentality of the process, as its essential parameters. The importance of this theme is related to the growing appreciation of alternative ways for conflict resolution, which still need some regulation and discussion around its peculiarities. It seeks to analyze this topic that can be improved, which is the matter of impediment and suspicion in mediation, and propose measures to fill this gap in certain points.