PSYCHOLOGY AND FAMILY LAW: ANALYSIS OF JUDICIAL FAMILY MEDIATION
Family Conflict Mediation; Judicial Mediation; Mediators; Institutional Analysis;
The lawsuits of family courts have increased in recent years. This is explained by the growth of separations and parents need to seek the judiciary as a means of guaranteeing their rights, including to participate fully in their children's lives. Conflicting families tend not to make their own decisions: they turn to Justice for help, finding in the lawsuit the only communication channel to solve problems such as: divorce, alimony, children custody and paternity recognition. They expect compensation from the State for the inability to resolve their conflicts, which are mostly unsolvable by judicial decisions. Due to the current crisis in the judicial system, State Power has developed a public policy to implement Judicial Centers of Consensual Conflict Resolution (CEJUSC), using Conciliation and Mediation as an interdisciplinary and institutionalized field of know-how. This research aims to analyze, from the perspective of Institutional Analysis, the practices of family mediators. Its specific objectives are: a) know the “orders” and “demands” made to mediators in their practices in Family Law; b) analyze forces (institutions) that go through the production of this demand, as well as the interventions proposed by the mediators and, c) identify which knowledge and technologies are operated by mediators. Methodologically, it adopts a qualitative perspective, using observation of the institutional reality and semi-structured interviews with family mediators in Paraíba’s capital. Analyzers have been elucidated and then the power lines that operated on this device were observed. The main analyzers found were: volunteering, female volunteering, precarious work and power hierarchies. Among the orders we have highlighted: relieve judiciary, give attention and comfort mediators. These report too much power of thejudiciary, as an institution that propagates positivity in its resolving policy, promising a faster and more humanized justice, when in practice, it makes the mediator's work precarious and it does not meet the true purpose of Mediation.