Conflict can represent an important growth tool, in the way we see a situation, a problem or an adversity. Conflicts of interest are widespread and inevitable in academic life. The challenge is not to eradicate them, but to recognize and manage them properly. (2)

Understanding the conflict in this way, leads us to the possibilities that can open up from a discussion, which can present more than one point of view, within the same issue. It is observed that practically all everyday situations can present at least four different aspects, which can, in a simplified way, be organized as the good of the good, the bad of the bad, the bad of the good and the good of the bad.

Is this the purpose of conflict mediation? Contribute to the analysis and identification of aspects?

Conflict means a lack of understanding between two or more parties; shock, coping, heated discussion; change. In the view of Psychobiology according to the behaviorist theory, it is a state caused by the coexistence of two stimuli that trigger reactions that are mutually exclusive (Michaelis, 2020).

Still according to the knowledge of Psychobiology, conflicts of interest, which do not present successful results, originally arise in environments with high levels of emotional stress from the parties involved, such as those observed in the Burn Out Syndrome  (Monson 2019).

Conflict implies the participation of more than one person, and each has different opinions on the same subject. Conflicts exist in all social groups. The longer the group exists, the more emotions and feelings will be involved, the more personality and opinion shocks will occur. These are usually ego conflicts: (1) disputes over power and possession (possession); (2) prejudices (social, religious, cultural, etc.); (3) self-worth and devaluation of others; (4) personal dislikes, etc. The conflict manager is placed as a mediator, conciliator and, often, a judge among litigants. “Inform, Train, Transform” Psychology - Theology - Psychoteology (Almeida Pinho 2016; 2019)

Based on this panorama, it is highlighted that the forms of prevention and mediation of these confrontations need to be widely studied and implemented in the area of ​​health, in the relationship between professionals and patients, increasing and promoting the educational process implicit in this approach and the pacification in relationships, in addition to in being and quality of life.

Due to the high complexity of the issues involved with regard to aspects of the peculiarities of societies that served as a sample universe for establishing inferences that had the greatest possible external validity, in addition to the incompleteness of the findings in the systematic review in the researched literature, there was a consensus among the researchers involved, so that the approach of each of the authors of the present work was also taken into account, as they are specialists in different areas, in an innovative and interdisciplinary conception.

Relationship Between Professionals and Patients in the Health Area.

The manifestation of human nature is based on relationships. We are the fruit of the relationships we have had and maintain throughout our existence. When it comes to relationships, no situation is the same as another. Although there are patterns that are repeated, we consider that the learning is steadfast, allowing the change of the apparently repetitive pattern. It is in the relationship with the other, in the participation in the relational network, that we learn and develop.

Understanding conflict as a positive process requires socio-emotional skills, learned from the educational process. Thus, understanding that conflicts can generate a positive process in the relationship between those involved, represents a concept that involves analysis and interpretation.

On the other hand, when conflicts are not clarified and are not resolved, relationships deteriorate, and emotional and physical wear and tear between those involved often occur.

Conflicts arise from the incompatibility of various types of content. Specifically, the conflicts that occur in the relationship between practiotioner and patient / client are generally content related to objectives or cognition.

With regard to objective content, these occur when the desired results are incompatible. Studies show that only 4% of dissatisfied customers complain when dissatisfied. Of the 96% dissatisfied whom do not complain, 60% to 90% return never more and will not leave any chance of knowing their dissatisfaction. Of those whom complain, about half of them continue to be customers and that number may rise when there is a quick and efficient solution.

The well-structured relationship between the patient and the health professional is decisive for success both in the professional, therapeutic and commercial aspects for both parties.

It is up to health professionals to promote this interaction, as it is possible to have educational and preventive tools and strategies that favor the relationship in the professional sphere. The relevance on this theme of “good patient x health professional relationship” is of immeasurable importance in the daily practice of clinical practice, in respectability and suitability with the patient and with society.

Aspects of the Mind / Body Relationship.

As it is one of a relational process in the practitioner sphere, it is emphasized that several points must be considered. First, the relevance of understanding the mind / body relationship is considered for the full understanding of the health care person.

Manifest and latent aspects in the physical and emotional structure must always be considered, including in the deepening of the physical and mental illness. When a person seeks physical health treatment, often may be have emotional needs arising from his career and life history.

Considering these aspects is of fundamental importance. The uncertainty principle must be taken into account, as the situation is not entirely in the hands of professionals, in view of each demand that clients may present.

Neuroscience points out that the human mind is programmed to anticipate threat and thus points to the importance of establishing a trust tie in the health relationship.

A relationship of trust needs to be built on values ​​such as respect, ethics and transparency in health care. It must be based on the principles of humanization that health work requires.

Trust is an abstract concept, but without it we could not live, do business or feel safe. Trust is based on a relationship and it is possible to trust someone without them trusting you. In general, when people trust us, they believe we are strong enough to be able never disappoint them, actually a mistake. A relationship of mutual trust can only exist between two strong people (O'CONNOR, 2003).

Knowing how to get around and resolve daily issues can also be defined as diplomacy and thus be conducted throughout the process, even if they are small issues, not allowing them to be left without due clarification and take an unnecessary shape. It is important to highlight that at each service the relationship of trust needs to be taken care of and worked on.

One way that undoubtedly significantly reinforces the relationship of trust is welcoming and active listening.

Reception is a tool of great importance in humanization. Welcoming involves an interest, an ethical and caring attitude, a human, empathetic and respectful openness, based on active listening, which promotes bonding and assists in the assessment of risks and vulnerabilities, definition of priorities.

This allows, in theory, to prioritize needs regarding the time of care (differentiate more pressing needs from less pressing ones); distinguish between needs that are not always harmonious and treat them according to their characteristics. Thus, it involves, supposes and stimulates an individual and collective ethical sense, assumed to be fundamental.

It would also be opportune to deal with this issue in a commercial sphere, since professional financial success is also important, as this is our work and we take our salary from it, so it is convenient that we have this focus, thus being able to quote: The Sucess (Silva André apud Mckenna, 1993): Started in the 70s, the study of Relationship Marketing emerged with the perception of the importance of improving commercial transactions between companies and customers.

Relationship Marketing has become essential for successful and long-term interaction in the commercial exchange of products and services. For the success of this interaction, a long and arduous path is developed and requires the participation of all employees involved, regardless of hierarchy ”.

Communication.

Good communication represents a fundamentally important resource in human relationships. In this context, it is necessary for the practitioner to be able to integrate the data from the anamnesis, the analysis of the viable treatment possibilities, and the expectations of the public served, which contributes to the generation of the possible small number of doubts between the parties involved, which is available in an AD-HOC situational analysis, the most comprehensive possible.

In clinical care, the importance of listening to the client and their needs and possible dissatisfactions is highlighted. It is necessary to understand your reasons. If the reasons for the customer's complaint are consistent, we must acknowledge and admit their reasons. Then we offer you a suitable solution promptly.

Having an empathetic attitude and seeking to know your dissatisfaction is an act not only of humility but also of showing willingness to always do your best to meet the needs of the client. Finally, search for the causes of the incident and provide an objective, honest and transparent explanation, in language understandable to the client.

With regard to content related to cognition, it occurs when there is an incompatibility of values ​​and ideas. In this regard, first, it is extremely important for the professional to ascertain in detail what values ​​and ideas the client perceives about what he is hiring him for.

Objective and clear communication, care for your patient, the correct use of words, an appropriate language aiming at a complete understanding of the ideas to be transmitted; in addition to bodily communication and why not mentioning an “energetic” communication with the patient, they lead us to a total harmony with this other human being. We can even say that for this tuning to occur a phrase may well define it: “People lie, but their energy does not”. (not found author)

Communication needs to be extremely effective, which will only occur if the professional assertively gets the client to understand the message he proposes to transmit. We usually communicate with the client through words, but we must consider that the gestures express the emotions we want to communicate, and in this regard, consider the importance of the gestures and observe whether there is coherence with their speech.

Communication should be carried out objectively in a rational and emotional aspect, highlighting all positive and negative factors in view of possible alternatives. It is necessary for the customer to understand and accept that what he is hiring / buying is the best he can hire / buy at that moment in the face of his own physical, mental, social, emotional and financial conditions. In order for the customer to feel secure in hiring a service, it is necessary that he has clarified in his mind the possible conditions of final result that he may obtain after the service is completed.

Faced with a conflict condition, the client will tend to emerge an emotional reaction to the situation. It is necessary to be flexible, ask logical questions so that the client can reason about his complaint and provide us with as much detail as possible his reasons so that we can take the necessary measures to minimize or resolve the situation.

At this point, it is necessary to present rational and sensible behaviors. Defense and avoidance behaviors should be avoided and realize that the criticisms are not personal, but that they are related to the customer's dissatisfaction with the expectation that he had in relation to the contracted product / service. Dissatisfaction should be analyzed if they are due to the client's perception of the service, the organization, the service provided, the office / clinic environment.

The communication we first carry out with our inner world guides our actions and behaviors with the outer world. In the presence of interpersonal conflicts, it is important to check whether there are intrapersonal conflicts that may be related to the nature of actions and behaviors, and not to the situation itself.

In the conversation with the inner world, the use of a state of alfagenia, through a sequence of diaphragmatic and slow breaths, thoughts become more clarified. In this silence, there is the opportunity to dissociate, to apply empathy, an attempt may be made to understand the nature of the conflict, and to recognize the behaviors that arise in this conflict.

And even in this same state of privage, there is an opportunity to understand what will be the best behavior for the situation in order to obtain the best outcome in resolving the conflict.

Consider that there may be more than one solution to the conflict, choose the most sensible option, recognizing the most honest solution that can rescue the emotional comfort between the parties involved. Once the option is made, it should present itself if possible in the presence of witnesses so that the communication is clear to all parties.

The nature of conflicts: an enlarged view

Conflicts are inherent to human nature and to some extent inevitable, with an emphasis on labor and judicial relations. Conflict management implies the role of leaders, since the leader is expected to know how to resolve or even manage the situation.

In different instances, we see dissatisfaction and the need for a facilitator, an intermediary, to serve as an alternative means of resolving conflicts in civil matters and when the object is litigious. This mediation has been debated among legal operators, as one of the alternative ways to the solution and already has trained technicians and registered in the courts of justice.

In work relationships or where defined roles are required, the conflict can be dimensioned, by the leader, as something to be avoided, becoming silent on the issue, or repressive, in a dictatorial stance and still denying, in a utopian vision, or wisely seen as an opportunity, in an optimistic posture that can bring about changes, true and significant, for the benefit of all. But it all depends on the context, the level of maturity of those involved, the nature of the task, the structure, climate and organizational culture.

This theme leads us to restorative practices in the field of Justice, in contrast to the traditional conception of criminal justice, retributive punitive justice. The idea that guides this reflection is to scale the possibility of acting preventively, in all instances, in a systemic approach, in an attempt to empower people based on the recognition of the family tangle, which, if well dimensioned, not only facilitates the resolution of intrapsychic as well as interrelational problems.

Since the eighties, integrative therapeutic techniques have been used, aimed at solving personal conflicts, which end up having repercussions in different situations. In this view, involving different professionals, it appropriates instruments that facilitate a new approach. In the scope of Education, with Systemic Pedagogy, different educators, such as parents and teachers, can develop joint actions with Mental Health professionals and thus with therapists, avoiding affective-social problems that prevent good social interaction and also a good school performance.

Recognizing that many of the feelings that interfere in relationships are foreign, adopted by other family members, this intrapersonal aspect takes on an interpersonal characteristic, as it allows us to perceive the invisible web that is intertwined. It is understood, then, that all members of a family, living or dead, are energetically present in the family structure, profoundly influencing feelings, attitudes and even health.

This systemic view demands a new posture in the lives of professionals, not only an instrumentalization of techniques, but a great interior work, for a learning that allows to recognize how we affect and are affected by the social fabric.

Not only parents, but therapists and different professionals should recognize that in addition to thinking beings, we are vibrant beings, so a personal identity is not only associated with the rational mind, but in the higher vibration, in a quantum dimension: the divine essence, for some or for others. Many. This calls for a new look, with deep recognition that the social model we live in does not need a revision, for a new dimension of the judgment of values ​​and social rules.

It is important to realize that personal, spiritual and collective growth happens through reconciliation. That it opens up to everything that life invites to live, to the new understandings that favor all those involved, on a premise: it is only good for one, if it is good for all.

When Conflict Mediation Is Necessary.

Mediation is a technique, which has strategies aimed at interlocution and intervention to facilitate the development of a situation that may include interests, conflicts or shared objectives. It can include people or groups.

Mediation is the private conflict resolution technique that has been demonstrating, in the world, its great efficiency in interpersonal conflicts, because with it, the parties themselves find the solutions. The mediator only helps them to look for them, introducing, with their techniques, the criteria and reasoning that will allow them a better understanding (Vezzulla,1998).

It is a much more comprehensive alternative mechanism, because despite using the figure of a mediator, in practice, the resolution of the conflict is decided by those involved and directly interested in the case, who with the support of the third party reach a common point with more discernment and self-knowledge.

Mediation is a non-adversarial conflict resolution technique, through which two or more people (physical, legal, public, etc.) turn to a neutral, trained specialist who conducts joint and / or separate meetings, with the aim of to encourage them to obtain a consensual and satisfactory solution, safeguarding the good relationship between them (Ferreira, 2013, Apud, Braga Neto, 1999).

As discussed above, mediation can be understood as assisted negotiation or negotiation catalyzed by the performance of a mediator who, unlike the magistrate in the judicial process, does not make decisions of material content - as if he were a judge of fact and of law. It should be noted that mediation has the essential characteristic of being a constructive process as it rebuilds the social relations eventually affected by the conflict.

In this context, there is a need to adapt the health professional to develop the necessary skills to make self-composing processes such as Mediation effective. The need for professionals working in the health service is created, to understand this model of conflict resolution in search of improving the quality of service provision, mitigating risks and ethical and legal infractions.

Mediation skills (or techniques) are the essence of the process. The role of the health professional in the mediation process must be based on the fundamental characteristics of the mediation process, according to which an exchange of information is stimulated; the party is helped to better understand the other party's perspective; it seeks to express interests, feelings and issues that are not necessarily legally protected, however, they can contribute to the composition of the controversy; dialogue aimed at improving the relationship of the parties in the future is promoted (and not in an attribution of guilt or responsibility, as in the judicial process); the party is encouraged to seek creative options for resolving the dispute based on the interests of the parties; among others.

In this sense, it is noted that mediation cannot be understood under a contentious dimension. Whoever acts in the mediation process must act with the intention of composing the controversy in a creative way and encouraging each of the involved parties to understand the needs of the opposing party, to seek options for mutual gain, to improve their sense of empathy, among other conducts. It is not by chance that there is a strong component of interdisciplinarity that is expected from the professional who acts in mediation, after all, it is expected from him to understand some notions of psychology, law, accounting, statistics and administration so that efficient proposals of agreement can be made.

Conflict is an element of life that inevitably permeates all human relationships and contains the potential to contribute positively to those relationships. In this sense, if conducted constructively, conflict can provide personal, professional and organizational growth (Morton Deutsch, 2000).

Mediation Process

According to the “Straus Institute for Dispute Resolution”, from Pepperdine University School of Law, mediation can be considered facilitating or evaluative. Facilitating mediation is described as "pure", or "interest-based", and evaluative mediation is described as "rights-based".

The distinction is actually a continuum. Some mediators tend to be more facilitating, while others are more evaluative, but most use both facilitative and evaluative techniques, even in the same mediation.In facilitating mediation, the process tends to be more informal, very similar to the general description of mediation, its focus is to facilitate communication, correct erroneous impressions, explain what led to the dispute and clarify the perspective of each party.The mediator has a non-intrusive role, with no expression of opinions or predictions about the outcome. The primary criterion for assessing possible solutions to the dispute is how mutually the options satisfy the interests of the parties.

In evaluative mediation, the mediator often actively questions and discusses issues with participants during a joint session. Aware of the need to provide evaluative feedback, the mediator feels the responsibility to fully understand the parties' factual and legal arguments, locate disagreements and assess how they may affect reconciliation. After a joint session, the mediator can present his assessment to each party separately. This allows the mediator to mitigate an unfavorable assessment, explaining diplomatically so that the party has confidence that their arguments have been considered and understands the points where the mediator can disagree.

At the end of this phase, the mediator can assume a more facilitating role, to allow the parties to jointly develop a resolution for aspects of the mediator's assessment, or use the assessment to generate a new approach in order to negotiate a resolution.

The mediation process is dynamic and can oscillate between the evaluative model and the facilitator. The mediation process consists of five steps

1. Pre-mediation - is the process of bringing the parties together and determining how mediation will take place. During this stage, the parties and the mediator must determine the terms of the mediation.
2. Openness - The mediator explains the process, establishes basic rules, as well as helps the parties to define the issues and establish the agenda.

iii. Communication - At this stage, the parties present their views on the dispute.

1. Negotiation - During the negotiation stage, the parties explore, with the help of the mediator, possible solutions to the dispute.
2. Closure - the mediator obtains a written agreement between the parties, resolving the dispute.

Legal Aspects of Mediation.

The term legal mediation refers broadly to any instance in which a third party helps others to reach an agreement. More specifically, mediation has a structure, a timetable and a dynamic that "common" negotiation lacks. The process is private and confidential, possibly mandated by law. Participation is normally voluntary. The mediator acts as a neutral third party and facilitates, instead of directing, the process. Mediation is becoming a more peaceful and internationally accepted solution to end the conflict. Mediation can be used to resolve disputes of any magnitude. The term mediation, however, due to language, as well as national legal standards and regulations, is not identical in content in all countries, but has specific connotations, and there are some differences between Anglo-Saxon definitions and other countries, especially countries with a tradition of civil and statutory law (Trenczek, 2016).

In many countries, as Brazil, for instance, mediation is still little develop, only with the amendments to the Code of Civil Procedure in 2015 the consensual solution of conflicts is treated as a fundamental principle of Brazilian civil process, being highlighted in an exclusive section to take care of the theme (arts. 3 , §§ 2 and 3 and articles 165 to 175).

Mediation is dealt with, in a specific and more comprehensive way, by the Mediation Law, whose publication took place three months after the edition of the Civil Procedure Code (Law No. 13,140 of 26 June 2015 “Provides for mediation between private individuals as means of dispute settlement and on the self-composition of conflicts within the scope of the public administration; amends Law No. 9,469, of July 10, 1997, and Decree No. 70,235, of March 6, 1972; and repeals § 2 of art 6 of Law No. 9,469, of July 10, 1997)

According to the law, the method can be used to resolve conflicts concerning available rights or unavailable rights, as long as they admit a transaction. The principles of mediation are established in art. 2 of the referred legal text, namely: impartiality of the mediator; equality between the parties; orality; informality; autonomy of the parties' will; search for consensus; confidentiality, and; good faith.

The Mediation Law defines two types of mediator: the extrajudicial mediator and the judicial mediator. Any capable person who has the confidence of the parties and is able to mediate, can exercise the activity of extrajudicial mediator, regardless of integrating council, class entity or association.

In turn, to exercise the function of judicial mediator, it is not necessary for the interested party to be a servant of the Judiciary, and any person capable of acting as such, provided that he has graduated at least two years ago in any higher education course of an institution recognized by the Ministry of Education and which has been trained by a training entity, recognized by the National School for the Training and Improvement of Magistrates (ENFAM) or by the courts.

EDUCATIONAL ASPECTS

By highlighting the importance of educational aspects in the conflict prevention and mediation process, it seeks to sustain the strengthening of performance with educational resources and strategies aimed at the democratization of relationships in health services.

It starts with a reflection on the concepts of health, illness and care and learning, as elements that support the educational processes, in the context of health.

Thus, defining educational objectives, which promote learning about health actions and procedures, can influence the improvement in the quality of relationships between professionals and clients, minimizing conflicts and also understanding possible disagreements, such as learning possibilities. . It is pointed out that the conflict itself does not necessarily require a solution because it is part of the human relationship, in the daily life of interactions. What can be clarified and / or resolved are occasional disputes, specific confrontations, which can originate in conflicts. (Vasconcellos, 2008).

This aspect reinforces that educational actions in the scope of health, can bring significant benefits in the prevention of conflicts that give rise to disputes with complicating characteristics in the established relationships. It is a line of action called Education for Health.

There is no single model or single way to educate. Education occurs from the moment it is observed, understood, imitated and learned. Education in different contexts, requires a broad knowledge of all aspects related to the conjuncture of performance (Libâneo, 2002).

It is, therefore, a planned action to create and systematize procedures and protocols with a focus on educational actions, with intentional objectives to promote knowledge related to health treatments.

The understanding of the need to implement the welcoming and protagonism strategies of the person served, as a way to bring them personal development and commitment to health treatment, are fundamental aspects for the expansion of knowledge and transfer of learning, in an educational approach. This goes beyond mere verbal communication, as it requires a guarantee of understanding by the client, regarding the wide range of possibilities of possible outcomes resulting from a treatment.

Thus, the educational intention placed on care, aims to provide the greatest possible understanding of the client about their health situation, modalities of intervention strategies (forms of treatment) to be offered. It also includes the risks involved, the possible outcomes, consequences (favorable and expected, unfavorable and unexpected), in addition to possible complications. It is also noteworthy that, multiprofessional knowledge, aggregated in an interdisciplinary approach, promotes assertiveness and the highest quality of the services provided.

Thus, the aim is to create a scenario for the production of care, education for health, with the aim of creating and developing professionals and users of health services, leading, interacting with intentionality.

Ethics The approach to these conflicts can be treated, provided that with appropriate techniques, through consistent interdisciplinary knowledge, in addition to personal maturity and willingness to make an affective approach to the human being, that is, a sense of solidarity, which drives relevant changes in refers to professional responsibilities and ethics. In the middle of the 19th century, a period when doctors were still wearing heavy fur coats and black clothes as a sign of distinction, the Hungarian doctor Ignaz Semmelweis, realizing that many professionals left the autopsy room for the Hospital's delivery room. General of Vienna without changing clothes or even washing his hands, concluded that some unknown “cadaverous material” caused the extremely high mortality in parturients of approximately 13% (thirteen percent) (Risse, 1980).

In proposing that doctors wash their hands with a chlorine-based solution, Semmelweis found a drop to 2% (two percent), and later, when he returned to Hungary and managed to persuade fellow doctors to abandon dark-skinned suits and wearing white clothes, reached a further reduction in the mortality rate to 0.85% (eighty-five hundredths percent). Ideas about the transmissibility of pathogenic microorganisms (germs) through doctors were met with great skepticism in Austria, where Semmelweis developed this theory. In part, many doctors resisted the idea of ​​having to change the elegant way of dressing to wear white clothes.

On the other hand, many did not believe that they could be serving as a means of transmitting disease. Like the relationship between doctors and pathological agents, in the modern world, a new paradigm has developed in professional relationships, and it is necessary to adapt professional practice in the most diverse areas so that they assume more and more a function of managing disputes, projections and against-transfers, which are the genesis of conflicts, with a focus on responsibility and ethics. Naturally, the paradigm shift resulting from this new system requires a new professional approach aimed at resolving conflicts in a more efficient and constructive way.