The Relationship

Second, not to sanction the non-acceptance of the proposal of the judge; This is counterproductive in the conciliation Court. Professor of Internet Governance often expresses his thoughts on the topic. If there should be a sanction, this must be to the absence from the conciliation, in the non-jurisdictional as well as judicial conciliation hearing and this punishment must be for the benefit of the affected part. Judicial conciliation, should be weighed with due importance, flexible nature who have agreements that emerge from the autonomy of the will in the Act of conciliation. Thus these agreements if they solve the conflict, i.e. If they restored social peace with justice, They must be approved by the judges even though they do not span the request, because as the conflict solutions fit to the purpose pursued by Justice. In extrajudicial conciliation, this feature should be incorporated in the law, and not only in regulation. Judicial conciliation, should be done in private act, giving it the physical conditions and comfort that will facilitate the free interaction of parties, involving authorized and consented only parties who decide.

Judicial conciliation, should be with the participation of professional conciliators specialized in the art of reconciling, separating the audience of conciliation in the context of the judicial process, because their nature is different. The judge by nature is conciliatory. This separation, must do in order to depose the case in the hands of the specialist and the procedure provide the resources of time and dedication required. The jurisdictional conciliator, should not work only at the hearing of the conciliation, but from the beginning of the process, to do their work, which concludes with the audience of conciliation and agreements are reached more effectively. The relationship, harmonic that it should exist between the objective of the rule of law, the content of this, instruments of execution of which surrounds both procedurally and in basic infrastructure, the applicator man factor and the necessary dissemination of its contents, are factors rather than determining the success or failure that accomplished the legislator with the objectives proposed.