The importance of mediation on divorce proceedings
The importance of mediation on divorce proceedings
No Thumbnail Available
Date
2020
Authors
Tania Aparecida Xavier da Costa
Journal Title
Journal ISSN
Volume Title
Publisher
Abstract
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.
Description
Thesis
Keywords
Citation
Xavier da Costa, 2020