EXTRAJUDICIAL MEDIATION AS AN EFFICIENT INSTRUMENT IN FAMILY GUARDIANSHIP

Abstract

Mediation has been an efficient consensual method for resolving conflicts, especially when the family, as a social institution, experiences dilemmas and crises that precede contemporary times and require early intervention. In this sense, several means of conflict resolution that are alternative to the Judiciary have emerged and have become rapid instruments capable of resolving in a more adequate way the conflictual scale that arises in the different forms of existence of the family nucleus. Thus, faced with a new social context, extrajudicial mediation emerges as an instrument capable of providing individuals with a less traumatic dissolution of affective bonds, seeking to structure a cultural change, especially with regard to the power of individuals to make decisions that they influence the reality in which they find themselves inserted, privileging the autonomy of will of the litigants. Having said that, the question was raised, in the case of family guardianship, in what way mediation as a consensual method of conflict resolution becomes efficient in pacifying the conflicting parties. As a general objective, the efficiency of mediation was analyzed as an extrajudicial and consensual method when it comes to family conflicts, as it involves emotional bonds. Later addressing family law, its evolution and constitutionalization, describing relevant aspects regarding the principles that encompass and protect it. Next, the institute of extrajudicial mediation was analyzed as efficient for family disputes, and finally, the legislation relevant to the topic and its efficiency in the branches of Family Law were verified. The method used in the research was bibliographic through qualitative research with a deductive approach that allowed information to be sought about the problem, obtaining the expected results regarding the effectiveness of mediation in the treatment of conflicts involving the family nucleus.