Mediação judicial em contextos familiares envolvendo a guarda de filhos

Abstract

The process of mediation is characterized as discursive, which aims at resolving conflicts through communication with a qualified third party, the mediator. It is understood that through mediation it is possible that parents can overcome conflicts in favor of their children, and it is possible to maintain the sharing of care and family bond. General Objective: The general objective of this thesis was to analyze the outcomes of court settlements obtained through mediation in cases of child custody dispute. To answer this objective, two articles were developed: theoretical and empirical. Theoretical Article: The first article sought to characterize the current state of the art about the psychologist's role as mediator in child custody dispute processes, the techniques used to perform mediation, the characteristics of the mediation process, the individuals treated and the mediators, through a systematic literature review. The databases used were: Redalyc, VHL and Scielo. Among the 37 articles found, a final total of seven articles were analyzed. It was observed that the work of mediation is performed in a multidisciplinary way and the work of the psychologist is performed fundamentally in partnership with the legal operators and social workers. Empirical Article: The second article aimed to identify how individuals who participated in judicial mediation in child custody cases represent the process of mediating conflicts. A qualitative research was conducted between 2013 and 2018, with 22 individuals who were in dispute about the custody of their children and who made an agreement from the work of judicial mediation of conflicts. The instrument used for data collection was a semi-structured interview. Data were analyzed through content analysis. It was found that most court settlements obtained through child custody mediation were upheld. The reasons that motivated the individuals to participate in the mediation were the dialogue and the search according to the other parent, and the evaluation of the result obtained through the mediation was positive. The agreements were maintained mainly by changes that occurred through more effective communication between parents during mediation, generating a positive perception of communication between the parties. Conclusions: From the results presented, it can be concluded that mediation offers the judiciary a humanized and adequate way to deal with family law issues, emphasizing the importance of multidisciplinary work for the most effective resolution of the situation.