A (RE)CONSTRUÇÃO DA NARRATIVA NO PROCESSO DE MEDIAÇÃO: FUNDAMENTAÇÃO À LUZ DA TEORIA DO AGIR COMUNICATIVO

Abstract

This study seeks to corroborate circular narrative mediation based on Jürgen Habermas’s Theory of Communicative Action and also to offer reflections on narrative construction. Mediation is a self-compositional method of dispute resolution that aims to reach a consensual outcome. Thus, communication between the parties, facilitated by the mediator, is essential for conflict transformation. The circular-narrative model frames this discursive practice as a narrative construction: the initial account is destabilized in order to enable the (re)construction of a narrative that encompasses the perspectives of all participants. In this sense, the research employed a qualitative approach of exploratory and bibliographic nature, through the contemplation of the state of the art concerning Brazilian theses and dissertations that relate mediation to the Theory of Communicative Action, as well as through the literature review of articles, books, and manuals relevant to the topic. It was observed that, in light of Habermasian thought, narrative destabilization promotes a transition from instrumental to communicative rationality, enabling the formation of a lifeworld common to the parties. This process, however, requires interlocution, affection, and space free from coercion. Furthermore, considering the power dynamics among interlocutors, it is the mediator’s role to actively facilitate the sessions to ensure equidistance in representing the interests and needs of each participant. This research, thus, deepens linguistic studies in the field of Law and raises reflections about the mediation process.