The importance of mediation on divorce proceedings

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Tania Aparecida Xavier da Costa
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This dissertation demonstrates the importance of mediation as a self-composition method applicable to family relationships, especially in divorce proceedings. It is through the challenge of resolving controversies that emotional and affective bonds are treated more appropriately and quickly, seeking the satisfaction of all. The study also studies the feasibility and applicability of this institute and its importance, highlighting the informal character, the willingness, the duration of the procedure, and its simplicity as some of its main characteristics, as well as its practical benefits with an emphasis on family law. Mediation is a technique in search of understanding between people in a relationship of continuity is increasingly necessary as necessary in the extrajudicial and judicial spheres, since, observing the principles of the family, first respecting the dignity of the human person who is part of that nucleus, making with which both parties and the mediator leave a satisfactory session, with the solution of the conflict and not only with the problem clear, without winners or losers. Also, the whole effective issue, which a judicial process does not resolve, tends to be mitigated, since the dialogue between all reigns in the measurement, still allowing the relationship to continue. First, the general objective of the research was to analyse the perception of families about the effectiveness of family mediation in resolving legal demands arising from divorce proceedings. The methodology was developed based on the theoretical framework in which the family is viewed systemically, and considering communication and interrelationships, where the evolution of the family and its important issues are identified, including also its principles as the basis of this structure. After, they are the types of family formation were identified, this enabling a better understanding of the constitution of marital bonds and the reasons for their end. Soon after, mediation is treated as the self-composition method most applicable to family 5 relationships, explaining its concept, principles, and extending its effect on the divorce. Thus, mediation is an important alternative means capable of dealing with conflicts arising from the end of family relationships, reducing the damage caused by the end of the marriage relationship and promoting social pacification through this method which, in addition to giving autonomy to the parties in the search for resolution of their conflicts, it also allows the continuation of these relationships.
Xavier da Costa, 2020