A mediação familiar extrajudicial: como a teoria dos jogos pode auxiliar na organização da família em caso de divórcio para casais que possuem filhos

Abstract

The extrajudicial family mediation is a complementary mean of resolving conflicts that has as a main objective the empowerment of individuals, for that they, for themselves, can solve the problem. The extrajudicial family mediation, through the mediator, impartial third party and through specific techniques intend a dialogue between all parties, seeking a solution for their conflict that provides mutual benefits for those involved. This is especially important in cases of divorce for spouses who have children, despite the separation of husband and wife, there will still be living together for parenthood. The game theory is a mathematical concept, strategy game in which the individuals involved in the conflict analyze the best options to get the most satisfactory result. Therefore, game theory shows that to achieve the highest gains, with regard to conflict, it is necessary that the result of the actions of the involved depends substantially from other action involved in the dispute. At this point is that comes in cooperation, in the other words, applying Game Theory in extrajudicial family mediation, the parties can study the best conditions that will favor both parties, ensuring better results. That game theory can be used in extra-judicial family mediation in cases of divorce have to conclude that assists in obtaining better results for both spouses.