Abstract

ROCHA, Juliana Toledo Araújo  and  DIMENSTEIN, Magda Diniz Bezerra. Judicial Family Mediation: Contributions from Institutional Analysis. Estud. pesqui. psicol. [online]. 2022, vol.22, n.3, pp.958-978.  Epub May 06, 2024. ISSN 1808-4281.  https://doi.org/10.12957/epp.2022.69558.

Known as a consensual means of conflict management, mediation, alongside conciliation, is increasingly present and disseminated in Brazil. In the legal field, it has been adopted as a political strategy for the Judiciary reform. Its interdisciplinary character seeks restorative, non-punitive justice, mixing knowledge of Law, Psychology and Communication. Family mediation aims to provide tools of resolution to families in conflict in order to hold them accountable in decision-making, as well as promote a balance between duties and rights, establishing trust and respect among its members. This article, part of an empirical doctoral research, aims to present the Institutional Analysis perspective contributions related to judicial mediation in the family sphere, from a critical reading of the consensual proposals in the area, pointing out the “orders” and “demands” made to mediators in their practices. Methodologically, a qualitative perspective was adopted, in which observation of the institutional reality and semi-structured interviews conducted with family mediators were used. Analyzers were elucidated, emerged from reading the data constructed in the field, and then the lines of forces operated on this device were observed.

Keywords : family mediation; judicial mediation; institutional analysis.

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