Revista da EMERJ - V. 22 - N.1 - Janeiro/Março - 2020

 R. EMERJ, Rio de Janeiro, v. 22, n. 1, p. 11 - 26, Janeiro-Março. 2020  14 legal system: below, we will expand on the reasons for such a defferential choice. Alternative Dispute Resolution procedures create a frien- dly and non-judging environment within which parties play a stronger role than that they are allowed to performwithin trials. Mediation fosters empowerment and encourages practical and original solutions, which take into account not only the specific issue of the dispute but also further matters that, instead, can- not be submitted before a court. In this regard, the expression “all issues mediation” 4 identifies the capacity of this procedure to adopt a holistic and inclusive approach towards all aspects of the conflict. Looking for original solutions means solving a dispute not only in strictly economic terms, as it is likely to be the case for judicial civil resolutions, but also through other kinds of obliga- tions. The mediator does not focus only on mere legal aspects, but he can take into consideration psychological and relational issues. In other terms, mediation offers an access to justice that goes beyond the interpretation of justice as application of legal norms. Such an understanding includes the promotion of prin- ciples of what is known as “procedural justice”, which, rather than being granted by the outcome, can be satisfied by the per- ception that the resolution process has been fair. According to scientific literature 5 , in most of the cases, the outcome of a pro- cedure is less important than the procedure itself: as long as the decision process is perceived as unbiased, the parties are more willing to feel the result as just, and, therefore, to adapt their behaviour to its provision. There are elements that considerably influence the percep- tion of the fairness of the procedure. Among them, there is the fe- eling that the parties are treated with neutrality and dignity: this mechanism implies that the dispute is dealt with care and com- 4 Cominelli, L. (2008). “Mediazione familiare: nuove professioni e il dibattito sulle alternative al giudizio”. Sociologia Del Diritto , XXXV (3), p. 198. 5 Vidmar, N. (1997). “Procedural Justice and Alternative Dispute Resolution”. In K. F. Röhl & S. Machura (Eds.), Procedural Justice . Dartmouth: The Oñati International Institute for the Sociology of Law, Ashgate, 121-136.