THE EFFECTIVENESS OF FAMILY MEDIATION IN DIVORCE AND CUSTODY CONFLICTS: A STUDY WITH EMPHASIS ON THE REALITIES OF SOUTHERN MINAS GERAIS

Abstract

This article examines the effectiveness of family mediation in managing disputes related to divorce and child custody, with a focus on the social and institutional realities of Southern Minas Gerais (Brazil). It advances the hypothesis that mediation, as a consensual dispute-resolution method, can de-escalate conflict, improve communication between the parties, and support co-parenting. The study adopts a qualitative approach, combining a literature review and normative analysis with semi-structured interviews with mediators and attorneys working in the region, in order to identify constraints, strengths, and practical outcomes of mediation in smaller cities. Findings suggest faster resolution of controversies and more durable agreements, with fewer recurring lawsuits, particularly when parties receive adequate guidance and the process prioritizes the best interests of children and adolescents. Nevertheless, structural barriers (limited reach of CEJUSCs, staffing, and service workflows) and cultural barriers (low public awareness, distrust, and preference for litigation) persist. The article concludes that strengthening and expanding CEJUSCs through continuous training and public information measures is key to consolidating a culture of consensus in family disputes.