FAMILY MEDIATION AS A PUBLIC POLICY FOR SOCIAL PACIFICATION: INTERGENERATIONAL CONFLICTS, POWER RELATIONS, AND JUSTICE IN THE DIVISION OF ASSETS

Vol. 2, 2025 - 331958
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Abstract

Family mediation has established itself as a non-adversarial instrument for resolving conflicts within Family Law, particularly in light of the recurrence of emotional and property disputes that escalate through traditional judicial channels. Intergenerational conflicts related to the division of assets in inheritance proceedings reveal not only material differences but also symbolic power dynamics and historical tensions between family members, demanding more dialogical and restorative forms of resolution. The research question is how mediation can contribute to transforming inheritance conflicts marked by intergenerational tensions into collaborative processes and social pacification. The central objective is to analyze family mediation as a public policy for strengthening access to justice, with an emphasis on its legal, sociological, and restorative foundations. The research is justified by the practical and scientific relevance of understanding mediation as a mechanism capable of restoring bonds and reducing litigation in a sensitive area of ​​private law. Methodologically, this is a theoretical and bibliographical study that articulates CNJ Resolution No. 125/2010 with critical insights on conflict, power, and justice. The most significant results indicate that mediation, by offering a space for listening and shared responsibility, fosters fair and collaborative solutions, capable of preventing prolonged litigation and reducing emotional and financial costs. It is concluded that the institutional strengthening of mediation is a necessary condition for effective access to justice and for building a culture of non-adversarial resolution of inheritance disputes.

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Institutions
  • 1 Universidade Federal do Piauí - UFPI
Track
  • WG 9 - GENDER: POWER RELATIONS, HISTORICAL PROCESSES AND CONTEMPORARY DISPUTES
Keywords
Intergenerationality
Successions
Access to Justice
Culture of Peace
Restorative Justice