Family mediation and its applicability to parental alienation syndrome | 2017

Author(s) Neila Aparecida Duarte Corá
Advisor(s) Eva Sónia Moreira da Silva
Year 2017

Synopsis This research is based on the Family Mediation Institute, as an alternative solution for conflict resolution, inferring an instigation about its applicability to cases of alienation of the child. Therefore, the central objective of the research is to analyze if the techniques of family mediation can be applied as a solution to the conflicts generated as a result of the so-called Parental Alienation Syndrome (PAS). In order to do so, the concept of family and the historical evolution of family structures are presented before the onset of divorce and the consequent parental responsibilities resulting from the process of rupture of common life. In the context of mediation, its legal and doctrinal definition, as well as its development at national and international level, is considered, and the main guiding principles and structuring of the mediation procedure are differentiation to other institutes also intended for alternative dispute resolution, namely conciliation, arbitration and family therapy. Entering the mediation in a family context, stand out forms of organization and classification of family mediation models, until reaching the conventions and mediation agreements. Then, questions related to the syndrome of parental alienation are announced, namely the origin, definition, characteristics and degrees of involvement of the phenomenon. Likewise, there is room for consideration regarding false accusations of sexual abuse and the effects of alienation on minors. Next, the study makes an analysis of the legal relevance of SAP, with legislative and jurisprudential laws and foreign. In addition to the main focus of the investigation, the possibility of applying family mediation to cases of parental alienation is analyzed, whereas it is essential to take precedence over the study of the principle of the best interest of the child. Finally, it is evident that, mediation techniques are fully capable of solving conflicts inherent to the syndrome of parental alienation, in most situations, in order to avoid the judicial process, sparing the parties and always pondering in the first place the interests of the minors involved.

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2018-07-17T15:42:41+00:00