O uso da mediação na solução de conflitos no direito de família brasileiro

Abstract

This paper aims to analyze the use of mediation in the solution of family issues. Specifically, the “phenomenon “ of family issues will be studied and, based on that, it will be defended and argued that mediation consists of a strategy (procedure) which can guarantee a better solution in family issues. To this end, the problems of implementing this technique and its legal obstacles will be faced. This study analyzes how the main professional develops that technique: the mediator. In this way, it seeks to highlight the contribution that mediation offers in the treatment (process) of those issues, pointing it as a solution to the overloading of those demands before the judiciary, as well as, the guarantee of people’s satisfaction with problem resolution carried out in a common sense (jointly), and not in an imposed way. In addition, it also points out general characteristics of the mediation procedure. Finally, there is a need for training of mediators, in order to ensure that that model of issues resolution is more and more people’s choice who need that, so we must have prepared and trained mediators to act on the most diverse family issues. This study is an essentially theoretical approach, the research method used was bibliographical and the research technique was indirect documentation.