Mediation in the Legal Field: Art and technique as an alternative to resolving family conflicts
Conflict. Mediation. Family. Legal Field.
The increase of the litigiousness in the current time has been allowing more and more the search for alternative forms of solution of conflicts. The influence of the Law and the Judiciary itself in social practices are part of the phenomenon of the judicialization of social relations, representing legal and social transformations, with the reorganization of the system itself, bringing with it a plurality of social and legal relations. In this scenario conflicts become an integral element in the relations of humanity. An element of contact and fusion that acts in social interactions being responsible for the varied forms of social relations. The complexity of personal relationships, when connected to the explosion of litigiousness and the crisis of jurisdiction, leads one to consider the deficient state system in the face of the inefficiency of traditional ways of resolving existing conflicts. Taking, considerably, the current perspective of conflict resolution, treated from a new rationality. The family, in this context, by virtue of the dynamism, composed by complex relational webs between its members, becomes a reflection of subjectivity in the relations, being essential to seek knowledge in Legal Sociology. Faced with this social scenario of extreme conflict, the National Council of Justice approved on November 29, 2010 Resolution 125, instituting the National Judicial Policy for the adequate Treatment of Conflicts, encouraging, spreading the systematization and improvement of consensual means. In turn, mediation comprises one of the ways of conflict resolution allowing the creation of a public space to the dialogical practice. Thus, the present research is structured in the following chapters: "The transformations of the family in the contemporary society"; "Public Policy and Mediation: Culture of Sentence for the Culture of Peacemaking; "An ethnomethodological approach of the empirical field" and "The Mediation as art and technique"; presenting as main objective to clarify the structural transformations of the family in society, critically paralleling if the mediation, in the legal field, is an effective alternative in the solution of family conflicts. In this sense, when taking as a starting point, given perspective, research, of a qualitative and quantitative nature; The paper seeks to describe how social practices and representations that characterize conflict mediation within the family are established, including bibliographic review, documentary and field research, questionnaires applied in the CEJUSC / Natal and NUPEMEC / Brasília sectors. As a result, it has been revealed that mediation, as a driving force for social transformation, uses the art of reunion and sharing, and can be an important instrument for the construction of a democratic public space with a positive possibility of social evolution.