A DESJUDICIALIZAÇÃO PELA MEDIAÇÃO: o papel da mediação extrajudicial nos conflitos de família

Abstract

This article aims to analyze the suitability of out-of-court mediation to contribute to the dejudicialization of family lawsuits, considering the scenario of excessive litigation and the overload of the Judiciary evidenced by data from the National Council of Justice (CNJ). Starting from the observation that a large part of family conflicts involves subjective dimensions that increase procedural delays and hinder effective solutions through thetraditional judicial route, the study seeks to investigate — through qualitative research, developed under the deductive method and based on Law No. 13.140/2015, specialized doctrine, and official CNJ indicators — to what extent out-of-court mediation, as a selfcompositive technique, is capable of offering faster, more cooperative, and more appropriate responses to the particularities of family relationships. It also examines whether this mechanism, by promoting the protagonism of the parties and the consensual construction of solutions, can reduce the influx of lawsuits into the Judiciary and foster access to justice that is more humane, efficient, and compatible with the complexity of affective bonds.