Análise da mediação como meio alternativo de resolução de conflitos familiares no ordenamento jurídico Moçambicano

Abstract

This monograph is part of the fields of alternative dispute resolution and family law, focusing primarily on mediation as an effective mechanism for resolving family disputes within the Mozambican legal system. The study aims to analyze the feasibility and applicability of mediation in family disputes, particularly in light of current legislation, such as the Family Law, the Mediation Law, and the Regulation of Judicial Mediation Services, as well as considering the practical implementation of the Judicial Mediation Service at the Maputo City Court. Initially, the research addresses the concept of family, its social transformations, legal principles, and its legal protection, highlighting the importance of ethics and appropriate intervention in conflicts involving family ties. Next, it presents alternative dispute resolution methods, with an emphasis on mediation, differentiating them from traditional methods and emphasizing their characteristics and advantages. The study delves deeper into family mediation, highlighting its principles, objectives, and specificities in the Mozambican context, as well as the institutional, cultural, and operational challenges to its effective implementation. Finally, proposals are discussed for strengthening mediation as an accessible and effective tool capable of promoting social pacification, dialogue, and the consensual development of solutions in cases involving child custody, alimony, and the dissolution of family unions. The research concludes that, although challenges exist, mediation represents a significant advance in access to justice and the preservation of family ties in the country.