Challenges and legal safeguards in alternative dispute resolution mechanisms

Abstract

Extrajudicial settlement stands as a key mechanism to alleviate judicial congestion, promoting swift and effective conflict resolution. However, its implementation presents significant challenges regarding the protection of procedural rights of the parties involved. Balancing efficiency with respect for fundamental legal guarantees, such as due process and legal certainty, is essential to maintain process legitimacy. This critical analysis reveals that, although current regulations establish clear mechanisms for the validity and enforcement of extrajudicial settlements, tensions remain concerning potential consent defects and the need for adequate grounds for challenges. Therefore, strengthening legal and judicial frameworks is crucial to ensure this alternative method functions fairly, protecting rights and fostering trust in the justice system.