a study on the benefits of mediation in family law suits from the critical analysis from the movie kramer vs kramer

Abstract

With a critical analysis of the movie Kramer vs Kramer, which tells the legal dispute of a couple for their sons guard, this effort is dedicaded to make considerations over the drawbacks from the use of adversative methods of conflicts solution on family law suits and the use of mediation as an alternative in this cases. The reference to the movie is used as a didatic ilustrative display to the discussion of the theme along with bibliographic sources. For such intent, the paper makes references to paradigm shifts in Family Lay through the Affectivity Principle, the exclusive adoption of the direct divorce and disregard of charge in divorce law suits diminishing state interference over families private life. The course taken since these changes allows that the solution of conflicts be fully efficient through mediation, that comes to the Brazilian legal order by a special law and the new Civil Procedural Code.