The present research demonstrates the contribution mediation and pre-trail can bring
to the effective access to justice in the state of Tocantins. The Access to Justice is a basic
social right, guaranteed by Article 5, paragraph XXXV of the Constitution. In contemporary
societies, conflicts have increased not only in number but in complexity, with many obstacles
faced by the judicial system, hindering or restraining this right. Several solutions to these
problems were sought, among them, alternative ways for the resolution of legal disputes,
including conciliation, mediation and arbitration, which have the following advantages: low
costs, speed, informality. Finally, mediation and conciliation provides new dispute resolution
paradigms, in which an impartial and independent third party helps the disputants to restore
the social relationship, to prevent and to solve legal disputes on their own, by organizing the
dialogue between them.
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