A judicialização da mediação no poder judiciário brasileiro: mais do mesmo nas disputas familiares?

The text begins by distinguishing between mediation and conciliation as constitutive means of the conflict, pointing out their main differences from the role that the figure of the third party (mediator and conciliator) plays in these institutes. Next, we identify initiatives towards the legislation...

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Bibliographic Details
Main Authors: Cristiana Vianna Veras, Roberto Fragale Filho
Format: Article
Language:English
Published: Centro de Estudos Sociais da Universidade de Coimbra 2013-12-01
Series:e-cadernos ces
Subjects:
Online Access:http://journals.openedition.org/eces/1717
Description
Summary:The text begins by distinguishing between mediation and conciliation as constitutive means of the conflict, pointing out their main differences from the role that the figure of the third party (mediator and conciliator) plays in these institutes. Next, we identify initiatives towards the legislation of mediation, in order to sketch out the movement for the normative institutionalization of mediation within the Brazilian judiciary. Finally, taking into account the peculiaritie s inherent to mediation as a means of settlement other than the conciliation and adjudication models, we present some reflections on how the practices of mediation can be developed in the field of legal disputes relating to family conflicts.
ISSN:1647-0737