MEDIAÇÃO COMO UM INSTRUMENTO DE RESOLUÇÃO DE CONFLITOS NO ÂMBITO DE DIREITO DE FAMÍLIA: Caminho para a Pacificação Social

Abstract

This article aims to analyze mediation as an appropriate method of conflict resolution and its application within the scope of Family Law. The research, qualitative and bibliographical in nature, begins with the observation of the contemporary concept of family, characterized both by the plurality of configurations and the complexity of affective relationships, and proceeds to examine family conflicts and their resolution through the traditional judicial process, which, although structured to safeguard rights, does not always provide a space for active listening and for addressing the subjective needs of the parties. Because it involves people united by affective bonds, such conflicts carry a strong emotional burden, making it difficult to achieve a solution imposed by an impartial third party, such as the judge, and tending to exacerbate disputes, prolong proceedings, and generate new crises. In this context, mediation emerges as an alternative capable of promoting more appropriate and effective solutions through techniques that enhance the parties’ protagonism, placing them at the center of the agreement-building process. By fostering dialogue and allowing the parties themselves to reach solutions compatible with their contexts and needs, mediation contributes to social pacification and the preservation of family ties. It is concluded that, despite its relevance and the benefits it offers, mediation should not be imposed mandatorily, as its essence lies in the parties’ willingness to engage collaboratively. Finally, its application should always be guided by the suitability to the specific case, ensuring the effectiveness of agreements and the satisfaction of those involved.