BEYOND THEORY: AN EMPIRICAL RESEARCH ON THE EFFECTIVENESS OF MEDIATION THROUGH DIRECT OBSERVATION

Abstract

This research aimed to evaluate the effectiveness of mediation in a practical way, through direct observation of mediation sessions. Thus, the study is qualitative in nature and during it the analysis of mediation sessions, in which the author participated as an observer, in addition to dialogue after the session with trained and trained mediators, without recordings due to the principle of privacy of the parties. The results indicate that mediation is a tool capable of achieving the resolution of civil and family conflicts, because in fact it can create a welcoming environment in which the parties are able to collaborate, where communicating comfortably, until reaching a consensual agreement, reducing the chances of discussing during the hearings. In the end, despite the success with an indicator of 25% chances of reaching an agreement, the infamous effectiveness of mediation is conditioned to a series of nuances, particular to the parties in most cases, such as the willingness of the parties to collaborate throughout the session and the appropriate use of the 12 tools,  even in seemingly more complex sessions.