Mediação familiar extrajudicial como método adequado para a solução de conflitos envolvendo o divórcio não consensual: uma análise à luz do acesso à justiça

Abstract

This paper proposes an in-depth reflection on mediation, one of the self compositional mechanisms for conflict resolution, with emphasis on its extrajudicial application in cases of contentious divorce, that is, when there is no consensus between the spouses, in order to avoid filing a lawsuit in the Judiciary. The aim is to demonstrate how mediation, when used outside the judicial sphere, can constitute an effective alternative to judicialization, promoting the realization of access to justice. The approach highlights the potential of mediation to foster dialogue and cooperation between spouses. To achieve the proposed objectives, the deductive method was adopted, based on bibliographic research based on doctrinal works and scientific articles that deal with the subject