MEDIATION AS AN EFFECTIVE AND RESOLUTIVE METHOD IN DIVORCE: CHALLENGES AND BENEFITS IN FAMILY PACIFICATION

Abstract

This article aims to highlight the evolution of mediation, specifically family mediation in divorce cases, emphasizing it as a self-composition tool based on dialogue, the impartiality of the mediator, and the autonomy of the parties. The objective is to understand the theoretical and legal foundations of family mediation, investigate its effectiveness in resolving marital conflicts, and identify the main obstacles to its consolidation within the Brazilian legal system. The research adopts an exploratory approach, including bibliographic and legislative research (Law 13.140/2015, CNJ Resolution 125/2010, and the 2015 Code of Civil Procedure) and scientific articles. The results show that mediation is consolidating as a humanized and appropriate means for family conflicts, offering advantages such as reduced emotional strain, improved communication, preservation of bonds, and decreased judicial overload. However, significant limitations persist, such as the culture of litigation, professional resistance from legal professionals with a contentious profile, structural flaws in smaller judicial districts, and gaps in professional training; these factors compromise the full effectiveness of the method.