PEDAGOGICAL SANCTION AND THE ETHICAL AND MORAL ASPECTS OF CONSENSUAL MODEL: SEARCHING FOR MULTI-DOOR SYSTEM EFFECTIVENESS

• Published in: Revista eletrônica de direito processual Vol. 22; no. 3; pp. 684 - 709
• Main Author: Márcia Michele Garcia Duarte
• Format: Journal Article
• Language: English
• Published: Universidade do Estado do Rio de Janeiro 01.09.2021
• Subjects: adr; collaborative morality; negotiation ethics; procedural good faith principle; procedural justice and cooperation
• ISSN: 1982-7636
• DOI: 10.12957/redp.2021.62268

The present essay endeavors to spark behavioral aspects in Alternative Dispute Resolution (ADR) development spaces confrontation, remarkably in extraprocedural negotiation. The issue runs through duties that direct everyone who wears the “collaborative acting” clothing, inviting to reflection on the possibility of building behaviors devoid of artifice or subjectivisms, and subjacent elements that mark the search for reasons and victories, in order to lead irascible results to other room participants thus far labeled as consensual. Note well this is a bibliographic and descriptive research given that it is based on interdisciplinary doctrine proposing a new perspective on the subject matter. Financial punishment is thought to be promising for shaping conflicting people, so as to effectively guide them to submerge, with the appropriate compromise, in the ocean of real possibilities for friendly (and reliable) resolution of conflicts.