Mediação como meio adequado de tratamento de conflitos nas ações de divórcio.

Abstract

The subject of this monograph, whose the scope is to analyze the application of mediation in divorce proceedings as a public policy capable of harmonizing the continuous relations, in view of the need to encourage a positive attitude in the conduct of family disagreements, especially in cases where the couple has children. Based on the verification of the family environment, mediation is an intervention mediated by an impartial third party, and is an innovative means of handling non-adversarial conflicts, which promotes the reestablishment of dialogue through the valuation of feelings and understanding of the conflict itself, an approach not achieved by state jurisdiction. The research seeks to highlight the role of mediation in divorce proceedings, at the same time, seeks to demonstrate how mediated treatment may benefit families. In order to elucidate the problems raised, the present study outlines the historical-evolutionary context of the family institution; the following presents mediation as an alternative means of handling conflicts and at the end examines the institute of divorce and the applicability of the mediated procedure in these actions. For this, the hermeneutic method was used, basically consisting of reading and comparing the main authors who work with this theme. The research technique was the bibliographical one, consubstantiated mainly of books and scientific articles.