Das práticas conciliatórias ao divórcio colaborativo: A promoção da dignidade da pessoa humana por meio dos métodos alternativos de soluções de conflitos

Abstract

The present work of monographic research aims to analyze the mediation, conciliation, principles and procedures, as well as the alternatives that are emerging to satisfy the solutions of the conflicts. The complexity of relationships, when connected to the explosion of litigiousness and the crisis of jurisdiction, leads one to consider the deficient state system in the face of the inefficiency of traditional ways of resolving conflicts. And, in this context, alternative methods of conflict resolution, as well as Collaborative Law and its practices are indispensable. Through the inductive method, the present study sought to understand what alternative methods propose, their standardization by the Brazilian legal system and how they are effectively applied. The search for democratic conflict management, which naturally already has an educational nature, proves to be the most humane of the “doors”, especially when seeking solutions to family dilemmas.