A eficácia da mediação como meio de resolução de conflitos no âmbito familiar

Abstract

This article, which deals with “The effectiveness of mediation as a means of resolving conflicts in the family sphere” is not restricted only to dealing with the effectiveness itself, but also presenting clearly and concisely what mediation is . In order to analyze the possibilities of using mediation as a means of resolving consensual conflicts within the scope of family disputes, as an effective tool. Since this is the moment when the State gives to the private the power of decision under its lawsuits, raising the question as to whether it would be beneficial to take from the judiciary autonomy over the lawsuits, and pass to the individuals the “capacity” to resolve their own lawsuits ? The present research was made based on the bibliographic research method, with that we sought to carry out researches in laws that govern the theme, in the resolution of the CNJ, in books of doctrinators that approached the study of the theme, as well as published articles that helped in the construction of this article. It is possible to conclude that once having the help of the mediator, the family members in dispute are able to dialogue again, given that they are given the opportunity to jointly resolve the conflict that exists there, and in this way of building dialogue there is no part of the mediator an interference or even an imposition of decisions, but rather a conduction for themselves to reach a fair and beneficial decision for both.