Mediação familiar : uma solução de conflitos no direito de família contemporâneo

Abstract

The study carried out in this work opens the mind on the implementation and applicability of mediation through Resolution 125/2010 of the National Council of Justice and the insertion in the Code of Civil Procedure. The Judiciary currently faces some significant problems, especially in relation to family law, among other aspects, the proximity between the courts and society in general. The relationships that involve family relationships need special care and dedication to those who have a duty to decide, especially safeguarding the principle of affection. Access to justice has been one of the reasons for dissatisfaction due to lengthy legal proceedings. The historical approach to the construction of the concept of mediation and specifically in the area of family law has brought a broader perspective to the results of alternative methods of conflict resolution in the current Brazilian scenario. And on this, it seeks to transform traditional Family Law, innovating it in order to accompany innovations in the face of non-positive reflexes. The History of Mediation in Brazil brought innovation to the Judiciary, and its role is not limited to agreements, but to act in reducing litigation in society. The Judiciary branch of Mato Grosso obtained positive results, reaching 78% of agreements ratified between 2013/2017 (up to May) in mediation in general, but as all Brazilian courts suffer some negative effects on their statistical data, it is observed this change in the Matogrossense judiciary branch.