As fases da entrevista de pré-mediação e suas implicações interacionais para a atividade profissional da mediação

Abstract

This paper presents a proposal for mapping the phases of the communicative activity pre-mediation interview. Within the perspective of the studies of Applied Linguistics Interational basis, aims to understand how this professional activity is organized, in view of the speeches built there. The legal context and family mediation are highlighted in this study, considering the emphasis given to alternative forms of dispute resolution in Brazil, which culminated in the promulgation of the Mediation Law and the provisions on mediation and conciliation in the Civil Procedure Code, respectively, in 2015 and 2016. In the attempt to think social life considering the point of view of those who, generally, do not have voice in academic research (MOITA LOPES, 2006), a qualitative and interpretative study is carried out (DENZIN; LINCOLN, 2000), in which the identities, of the participants – constructed discursively –, are the guiding principles for the analyzed analyzes. The data of mediation portrayed in this research are real speech-in-interaction data, generated in a Family Court of the Forum of a city in the interior of the state of Rio de Janeiro, in the year 2008. The data were recorded in audio and, And then transcribed according to the Jefferson transcription model (LODER, 2008). As a result of the study, five phases were analyzed, after the pre-mediation interviews were mapped: "Clarifying the Rules of the Game", "Knowing the Participants", "Storing Conflicts", "Understanding the Process" and "Combining the Next Step." These phases present distinct characteristics composed of specific actions of the participants. The understanding of the phases can contribute to the profession of the mediator and, in a broader instance, to the users of the Brazilian judicial system, offering subsidies for a professional doing that understands mediation as a pedagogical area of conflict prevention in order to That the participants in this speech activity can become protagonists of their decisions and thereby deal with the conflicting issues that they will need to pass through in their social and family lives.