Mediação empresarial: uma análise da aplicabilidade e efetividade do instituto nos conflitos entre empresas

Abstract

The rapid evolution of contemporary society, added to the dynamism of technological development and the permanent evolution of the media, as well as other relevant economic and competitive aspects, impose on companies a more effective dynamics in the management and transformation of their conflicts. Business organizations demand rapid and effective responses in their scenarios, especially in the face of intercompany conflicts. It is observed that today's company does not have to be at the mercy of the traditional binomial decision / non-decision, in an exhaustive waiting for a judicial sentence, which would directly impact on its profits, without disregarding that the judicial route resolves the demand, but not the conflict , because there is no reestablishment of communication or conflicting business relationship. In this sense, using the economic analysis of law, this dissertation evaluates the applicability and effectiveness of the use of extrajudicial mediation in the resolution of business conflicts, trying to demonstrate if the use of its techniques effectively presents a greater economic advantage to the company. By drawing a broad view on the aspects of private mediation, approaching the subject in an interdisciplinary way (sociology, economics, law) aiming at the delimitation and construction of its concept and relation with the mercantile sector, after the definition of company and market, the dynamics of conflict, as well as the presentation of some kinds of business conflicts, there are reasons to encourage the use of private business mediation. When interpreting the law by the rules of economics, from the point of view of economic rationality, rational choice, based on theoretical and empirical considerations, it is concluded that by reason of its structure and technique, extrajudicial mediation is economically applicable, viable and effective for business organizations, viewed as economic organizations.