Os desafios da mediação na resolução dos litígios no direito das famílias em face dos novos arranjos familiares

Abstract

The contemporary family is the result of successive changes over time, and the new family arrangements depart from the old conventional model, and obviously cause strong social impacts, generating new types of conflicts, which require a treatment capable of meeting all their needs. Specificities. Thus, the need arises to use means outside the state jurisdiction to respond to these controversies. In the field of the family, mediation is presented as the most appropriate way, as it enables dialogue, with the intervention of an impartial third party (mediator), in the search for a solution to the dispute, which is accepted by both parties. However, even though mediation presents itself as the most conducive method to resolve these conflicts, there are specific cases that do not prove to be amenable to self-composition,in addition, there are other personal and institutional barriers that need to be overcome. Therefore, this research aims to develop a critical analysis of the application of mediation in family disputes in the face of new family contexts, with the aim of identifying the challenges and possible limitations to be overcome in the practice of mediation. To achieve the purpose outlined above, bibliographic methods were used, based on readings of books, specialized publications, articles, official data published on the internet and legislation pertaining to consensual methods of conflict. Thus, it can be seen from the present study that mediation is presented as an efficient method in resolving the demands of families, however, it has several barriers to be overcome that can be overcome with a joint work of Organs regulatory bodies and the academic community, acting in the clarification of information and bringing thepublic closer to this promising method of dispute resolution.