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vol.21 issue42RECEPTION OF LUHMANN' SYSTEMS THEORY IN THE COLOMBIAN CONSTITUTIONAL JURISPRUDENCETHE FAMILY AS A NEW PLURAL, MULTI-ETHNIC AND MULTICULTURAL REALITY IN SOCIETY AND THE COLOMBIAN LEGAL SYSTEM author indexsubject indexarticles search
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Prolegómenos

Print version ISSN 0121-182X

Abstract

BRANDT, Laís Michele  and  BRANDT JUNIOR, Lauro. MEDIATION AS AN ALTERNATIVE FORM FOR THE SOLUTIONS OF FAMILY CONFLICTS. Prolegómenos [online]. 2018, vol.21, n.42, pp.177-193. ISSN 0121-182X.  https://doi.org/10.18359/prole.2711.

This article deals with mediation as an alternative way to solve family conflicts. It is intended to answer the following question: considering the so-called crisis of traditional jurisdiction, is it possible to say that family conflicts can be better solved through mediation as an alternative form of conflict resolution? In this way, the objective is to analyze the context of the conflicts and to portray the crisis of the jurisdiction; to verify the alternatives to the crisis of the jurisdiction and the mediation as a way of resumption of the conflict by the parties and finally to analyze the mediation as a good way of solving family conflicts. For this, the deductive method is used, based on bibliographic research. Given the great demand for processes that currently overtake the Judiciary, mediation thus emerges as an innovative proposal to unburden the Judiciary, bringing effective results in the resolution of conflicts, especially to relatives. It should be considered that these family conflicts are involved by psychological and emotional issues, so when unresolved, there will still be consequences causing harm to those involved. Thus, the best solution is through mediation, where the parties seek a better outcome for both, making possible through dialogue the approximation and an encouragement for social pacification.

Keywords : Mediation; solution; conflict; family.

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