SOCIAL FUNCTION OF ALTERNATIVE METHODS OF SETTLEMENT OF CONFLICTS IN FAMILY LAW.

Abstract

Currently, our judiciary has undergone a profound reformulation, in which it understands practices complementary to its originally judging nature. The purpose of this study is to show the benefits of alternative methods of conflict resolution, pointing out the social function of the same, with the intention of providing the pacification of family life, observing it as a cell in the social body, curing it proportionate diseases by long judicial demands and contributing to the harmonization of the whole. Since, in order to guarantee a greater possibility of access and promotion of justice for citizens, alternative mechanisms of extrajudicial profusion (which may culminate in judicialisation) have been implemented with the stimulation of negotiations and agreements, assisted or facilitated by an impartial third party, so-called: mediators, conciliators or arbitrators. The Code of Civil Procedure of 2015 brings in its scope the need to seek procedural speed, to unburden the Judiciary with numerous pending judicial claims. Thus, the aim of the literature review and hypothetico-deductive methods is to investigate the institutes of mediation, conciliation and arbitration, in this case, the first as mandatory initial stages of the procedure to be followed by the parties to the dispute, in order to in fact prevent it from becoming a straggler, exhausting and producing greater displeasure, delaying issues that hinder, including the development of minor children.