A mediação como meio alternativo para a resolução dos conflitos familiares.

Abstract

The present work consists of the study of family mediation in the face of conflicts in family law, as a way of solving and pacifying such conflicts. An outline of the historical and evolutionary context of the family institution and family law will be carried out, as well as the questions about the issues arising in the family environment, in which the solution will be sought through mediation. It will analyze the characteristics and guiding principles of mediation, as well as the advantages of its use in family conflicts. Its main objective is the protection of family relations, through the reestablishment of dialogue and the valuation of feelings, including the understanding of the conflict itself, which does not normally occur in the Judiciary. In mediation, people who mediate do not act as opponents, as occurs in the Judiciary, but as responsible for the search for a peaceful solution to their controversies, because together, through an impartial third party, they begin to rethink, finally, they can come up with the best solution for both. With the validity of the New Civil Procedure Code, in accordance with article 694, all efforts will be employed for the consensual solution of the controversies in family actions, being the duty of the judge to have the assistance of professionals from other areas of knowledge to act in the mediation and conciliation. In this sense, the study of mediation in the search for a peaceful solution to family conflicts becomes of great relevance. Therefore, we used the technique of bibliographical research, consubstantiated in scientific books and articles, as well as the hermeneutical method, which basically consists of reading and comparing the main authors dealing with this topic.