A mediação como solução para os conflitos familiares quando existe alienação parental

Abstract

Mediation is an important instrument of social pacification. Through mediation, it is possible to re-establish communication and enter the core of the conflict. When it involves family law, mediation is an important ally in resolving the dispute, as it manages to reestablish communication between the parties. Important instrument of self-composition for using the dialogue between the parties to put an end to the conflict, however it is necessary the participation of professionals from the most diverse areas of knowledge in order to expand the knowledge of the mediator. Among the other means of selfcomposition, mediation is the most suitable when involving family conflicts, as there is a previous relationship between those involved. Mediation has the role of achieving and reestablishing communication between the parties, putting an end to the existing conflict, through an impartial third party that aims to seek peace between the conflicting parties. The third seeks at all times to understand the positions of the dissenters, their interests and needs so that they can reach the negotiation. In this sense, the objective of this work is to analyze whether mediation can be used in family conflicts when it involves parental alienation. Bibliographic research was carried out on the subject, analyzing the importance of mediation in family conflicts and its fundamentais role in reestablishing communication when involving parental alienation, analyzing the Parental Alienation Law 12.318/2010, Resolution 125 of the National Council of Justice, the Code of Civil Procedure and Mediation Law 13.140/15.