Game Theory and Conflict Resolution

Conflicts arise in all areas where there is interaction between people, whether individuals or legal persons. Conflict resolution in a democratic state governed by the rule of law happens mainly through judicialization but aiming at a rapid and effective access to justice, Brazil, alongside other countries, has encouraged the use of alternative means of conflict resolution, including conciliation and mediation, which have even been incorporated as a stage of the judicial process to encourage cooperation between the parties. However, conflict actually is a mixture of cooperation and competition between parties with interdependent interests, which makes the application of the Game Theory appropriate. This paper discusses the application of Game Theory to conflict resolution, in the judicial process, presenting the concepts of Game Theory and proposing how they can be used in the analysis of conciliation and mediation. The use of Game Theory allows for a change of the incentives involved and either enables satisfactory and fast agreements or avoids an opportunistic use of mediation, conciliation, and judicial procedure as delaying tactics, thus contributing to effective and rapid access to justice