A mediação como instrumento de pacificação social no direito de família

Abstract

The present paper has as a scope to approach the institute of mediation in its most relevants aspects and demonstrate how it can work as the most adequate way of settlement of conflicts, especially when it comes to family conflicts, once it seeks to promote the conversation between the ones who are part in the conflict. The study searchs to demonstrate mainly that, when it comes to family conflicts, the mediation has fundamental importance, since it deals not only with the legal issues of the dispute, but also its subjectives dimensions, that normally stay behind in a legal action. It should be noted that, as the mediation gives back the protagonism of the conflicts to the concerned parts, it also acts like a true instrument of social pacification, since it acts not only in the apparent solution, but also avoids the emergence of new conflicts and helps to avoid the crisis faced by the Judiciary, which is currently full of actions and no longer can present satisfactory solutions to the disputes.