Aplicação da mediação nas ações de divórcio: uma forma de preservar as partes e dar celeridade ao processo.

Abstract

This monograph has as its theme: "Application of mediation in divorce actions as a way to preserve the parties and to speed up the process. The problem that the research seeks is whether it would be more beneficial the use of mediation in divorce actions as a way to preserve the parties, saving them from unnecessary emotional distress? The hypothesis put forward is the possibility of the application of mediation in divorce actions, related to child custody, food and many other actions involving family law, appears as a form of conflict resolution that may facilitate the parties and thereby reduce the emotional distress among those involved, that through the mediator, an impartial third party in the relationship, will act as a facilitator in the communication between the individuals involved in family conflict, causing them to reach a consensus and beneficial solution for both. Has the general objective of this study demonstrate the feasibility of using mediation in family disputes, especially in divorce cases, showing the benefits of its use, as the speed and emotional preservation of the parties involved. The specific objectives, highlighting the need to restore communication between the parties involved in family dispute, but come to the end legal ties, family and emotional bonds does not fall apart. The aim is also to address the bills you want to deploy mediation as a means of resolving family conflicts and aimed at legalizing the institute, analyze the objectives and principles that mediation is based. Therefore the research approach of this research method is the method of approach is deductive, adopting the procedure of method the comparative method. The nature, the search is applied, how to research approach is qualitative. As for the general object, the research is descriptive. It adopts to bibliographic and documentary research, as the technical procedure of dealing directly and indirect sources, from the techniques of documentary collection and content analysis. Structurally, the dissertation is divided into three chapters. At first, these are the concepts and history of autocompositivos means placing greater emphasis on mediation and its presence in the Brazilian legal system. In the second, it approaches the concept of family and the implications arising from family relationships, such as marriage and divorce. Finally, the third, it is specifically the applicability and procedure of family mediation, also addressing its implications in the current legal scenario.