A mediação e o procedimento especial das ações de família do Código de Processo Civil

Abstract

Although the institute of mediation is already widely used in other jurisdictions as an alternative method of conflict resolution, in Brazil the institute began to gain strength with the advent of Law 13.140/2015 (Mediation Law) and the Civil Procedure Code of 2015. This is because mediation, compared to judicial litigation, has proven to be a much more rapid, economic and effective method of dispute resolution, given that the parties - with the help of a mediator - decide their own conflict avoiding future distress, especially when the parties have a continuous relationship, as in the cases of members of the same family. Thus, the objective of this academic work is to analyze the introduction of the mediation institute in Brazilian legislation, mainly in the Special Procedure of Family Lawsuits included in the Civil Procedure Code of 2015. Through an analytical method based on doctrinal and legislative research, it was sought – after brief clarifications regarding the mediation institute and its main characteristics – to evaluate the way in which mediation, both judicial and extrajudicial, has been ruled in Brazil and the effects of its insertion in the procedural law as a priority alternative to solve the conflicts, especially the family disputes. Finally, it will examine specifically the rules contained in the Special Procedure of Family Lawsuits of the Civil Procedure Code, pointing out current discussions about some of its articles and demonstrating the adequacy of efforts so that litigation is the last alternative in family conflicts