Audiência de conciliação e mediação prévia no CPC/2015: viabilidade do instituto da mediação nos processos de família

Abstract

The brazilian justice system has become somewhat inefficient due to the increase in the number of demands, which makes the positivation of suitable Dispute Resolutions necessary, so that the functional crisis at the Judicial Power is solved and the access to a fair legal order is ensured. For this reason, the CPC/2015 (Brazilian Civil Procedure Code/2015) proposes a model that conjugates the diverse methods of appreciating controversies (multidoors), such as Mediation and Conciliation. Mediation is relevant when it comes to Family Law, since it reaches the solution of a dispute through an agreement, settled between the parties and ratified by the mediator. Therefore, it is an institute that seeks the peaceful solution of a dispute in a fast and efficient way, allowing a good social coexistence between the parties. However, in order that Mediation produces the expected results, it will have to overcome challenges of structural, educational and cultural nature.