Mediação: uma análise de sua aplicabilidade na solução de conflitos familiares no Centro de Conciliação e Mediação de Família de São Luís-MA

Abstract

The present paper studies mediation in the context of family law, so that its general objective is to analyze the applicability of mediation in resolving family conflicts. To this end, it initially seeks to study the institute of mediation, its history in Brazil, the legal landmarks such as Resolution 125/10 of the National Council of Justice, Law 13.140/15, the provisions of the Code of Civil Procedure/15, as well as the distinctions between alternative methods of conflict resolution. Next, mediation in family law is studied, the requirements of judicial and extrajudicial mediation, the role of the mediator and the importance of mediation in resolving family conflicts. Subsequently, the methodology used in the paper is explained, namely the hypothetical-deductive method, qualitative and quantitative approach, research design, data analysis, sample and place of research. And it is analyzed through qualitative and quantitative approach the data collected in field research in the Conciliation and Mediation Center of Family of São Luís, provided by the participants of this to understand about the applicability of mediation. Finally, it is verified that the mediation is not applied in its methodological essence in the resolution of conflicts in the referred place, being used the conciliation for such.