A possibilidade da mediação nos conflitos de direito de família como efetividade do acesso à justiça

Abstract

The present scientific article focused on the study of the mediation institute and its application through the branch of family law. According to national legislation, the traditional means of resolving conflicts is through state power, which directs the court to solve the problem. Also, there are alternative methods of conflict resolution, which can be through arbitration, negotiation / transaction, mediation and conciliation. In the face of such conflict resolution possibilities, access to justice is sought in a more equitable way to cases of family law. From these highlighted assumptions, there is the possibility of using the mediation institute in matters of family law. Thus, the present research had as objectives to identify the possibility of methods of conflict resolution, from the knowledge of the traditional method, as well as the alternative means. Also, it was object to make explicit about the institute of mediation and its main concepts and purposes. it was also objective to verify about the possibilities of applying mediation to family conflicts. For this research, the hypothetical-deductive method and the collection of data contained in the Brazilian legislation in force were used, which were treated using the theoretical-bibliographic method. The results of this research were that there is the possibility of the mediation institute in the face of conflicting cases that involve family law, and as such institute becomes fast and effective access to justice.