MEDIAÇÃO FAMILIAR NO JUDICIÁRIO: UMA CRÍTICA À UTILIZAÇÃO DA PRÁTICA APENAS COMO FERRAMENTA DE DESCONGESTIONAMENTO PROCESSUAL

Abstract

This study analyzes family mediation in the Brazilian Judiciary, criticizing its use as a mere mechanism for procedural decongestion. It investigates how the productivity driven logic of the National Council of Justice (CNJ), reflected in productivity targets, conciliation campaigns, and Justice in Numbers reports, has turned mediation into a mechanistic procedure focused on the rapid homologation of agreements, neglecting social pacification and the effective resolution of family conflicts. The research was conducted through the analysis of doctrine, review of academic studies, and ongoing dialogue with mediators, conciliators, and lawyers, identifying obstacles such as limited time for sessions, lack of mediator recognition and remuneration, insufficient professional specialization, and negative impacts of online mediation. Furthermore, the study highlights the need for structural reforms in the Judiciary and in legal education, including practical training in consensual methods, prioritization of in -person sessions, and qualitative effectiveness indicators, so that family mediation can fulfill its true role: promoting lasting, self-composed, and effective solutions for families.