A eficiência da mediação transformativa para resolução de conflitos no âmbito do Direito de Família

Abstract

The presente study is based on research carried out through a qualitative analysis in relation to the efficiency of the transformative mediation method in the contexto of Family conflicts. For this purpose, structured deductive reasoning is used based on the bibliographic review of books and scientific articles on the subjetc. The main theoretical contributions available in conducting the research are the theory of transformative mediantion developed by Bush Folger, in addition to the debate between efficiency and justice developed by Pedro Mercado Pacheco in his wordk ‘’El analisis Econímico del derecho’’. Transformative mediation is a complementary method of conflict management that has a its main objectives the achievement of empowerment and recognition of the other. The specific purpose of empowerment contains within itself concepto f autonomy, as self-determination and the ability of people to manage their own lives. It is conclued that, due to its purposes, method and techniques, transformative mediation representes a constructive means of conflict management, particularly with regard to relationships form divorce, based on the father-family relashionship after breakup of life in common of the parentes, being a transforming model and able to manage the conflict with the reestablishment, preservation, or strengthening of the preexisting relationship, differing from the authoritarian models of dispute management.