A mediação no direito de família

Abstract

It is known that today there are conflicts in every part of the world. Currently, selfdetermination methods are gaining increasing prominence in the legal arena and guaranteeing their space as a relevant means to solve conflicts. In issues involving family law, family mediation gains emphasis compared to other alternative means of self-composition. This is seen as a way to achieve communication between the parties who have finished relationships, aiming at social pacification through a third person who must be impartial. The third must seek to understand the position of both parties, their needs and interests to enable, through techniques, negotiation between them, ensuring the active participation of each. Thus, the objective of the present work is to analyze the mediation in the family law, seeking to understand as an agile and effective method to solve these demands. In order to analyze the importance of this institute, a bibliographical research was carried out on the subject, distinguishing mediation from other adequate means of conflict resolution and dealing with its expansion in recent years, especially in 2015, which brought legislative innovations to which are analyzed in this paper, such as Resolution 125 of the National Council of Justice, the Code of Ethics of the Conciliators and Judicial Mediators, the new Code of Civil Procedure and the Mediation Law 13.140 / 15. Family mediation is effectively a probable alternative for the suppression of family conflicts in today's society, and should be disseminated and increasingly encouraged through public policies that enable it, reintegrating justice, ensuring its effectiveness and obtaining minimum interference of State.