Métodos alternativos de solução de conflitos: mediação como meio de acesso à justiça e alcance da pacificação social nos conflitos familiares

Abstract

The present article seeks to analyze the institute of mediation, method of alternative disputes resolution, as the most appropriate technique for the solution of family conflicts, as well as its use as a means of access to justice. Currently, it is possible to identify a crisis in the country's judicial system, marked by the slowness due to a large number of cases, the exacerbated formality, decisions not fulfilled that generate new processes, and so many other problems that inhibit the effectiveness of the judicial provision. This study addresses family conflicts, their characteristics, their consequences, as well as analyzes the alternative methods of conflict resolution and identifies mediation as the most appropriate method to solve them within family law. That because the divergences arising from this relationship appears, in addition to purely legal issues, with controversial feelings, which require the implementation of a more appropriate environment, where those involved can demonstrate their feelings, opinions, and needs, a context that the judicial process is not able to provide. Therefore, mediation emerges as the efficient means capable of promoting a lasting solution, which will not lead to new demands on the judiciary, which occurs in most litigious cases in the area of family law. The applied methodology uses a bibliographic review through the survey of available publications on the proposed theme, as well as literary works and scientific articles, and the analysis of the laws that relate to the subject.