#03 | Quais são as alternativas da gestão dos conflitos relativos à convivência familiar?

Summary

The transcript explores the challenges and potential solutions for managing family conflicts, particularly in the context of mediation and legal frameworks. It highlights alternative approaches to traditional family court proceedings, such as focusing on the best projects for child-parent relationships rather than judging individuals. The discussion also touches on ethical concerns in legal defense, the impact of parental alienation, and the importance of open communication and agreements to resolve disputes early. The speaker emphasizes collaborative solutions and the role of mediation in transforming conflict dynamics in family law.

Takeaways

• 😀 The concept of family conflict resolution can be approached differently by focusing on projects rather than personal judgments about who is the 'better' parent.
• 😀 A proposal is suggested for parents to present a 'project' of their relationship with their child, as a way of moving beyond subjective judgments in family law.
• 😀 The idea of mediation is emphasized as a potential tool in resolving family conflicts, with a focus on cooperation rather than accusation.
• 😀 Legal professionals are encouraged to adopt a technical defense approach, avoiding personal attacks, and instead focusing on what can benefit the family system.
• 😀 The speaker mentions their experience in a family law tribunal and notes that many defenses in family cases often focus on accusations rather than providing constructive solutions.
• 😀 The application of DNA testing for paternity is discussed as a more technical approach, distancing from personal moral judgments.
• 😀 There is a call for the family law system to shift towards proposing alternatives that respect the family unit's dynamics, rather than just focusing on legal custody battles.
• 😀 The speaker's personal experience as a defender includes asking families to reflect on their past experiences and future aspirations to help guide conflict resolution.
• 😀 The role of mediation in handling cases involving parental alienation is explored, with emphasis on understanding both parents' perspectives in order to facilitate a better relationship with the child.
• 😀 The script emphasizes the importance of recognizing the need for preemptive communication and agreements within families to prevent conflicts from escalating, even before formal legal intervention is needed.

Q & A

What is the concept discussed by Célia regarding family conflict management?

Célia discusses a program from the University of Oregon, where family conflict is approached by focusing on the 'best project' rather than judging who is the better parent. The focus is on parents presenting their vision for a relationship with their child and with the other parent, rather than personal judgment.

How does the program in Oregon approach the role of the judge in family disputes?

In the Oregon program, the judge does not determine who is the better parent but rather evaluates the best 'project' for the child, focusing on how the parent envisions their relationship with the child and the other parent.

What issue does Célia raise about the defense strategies used in family law?

Célia highlights that in family law, particularly in family courts, defense strategies often attack the character of the other party, instead of presenting a technical defense. This can lead to unnecessary ethical challenges and legal complications.

What is Célia's perspective on the term 'guardianship' in family law?

Célia criticizes the term 'guardianship' in family law, arguing that it carries connotations that are incompatible with the nature of relationships involving children and adolescents. She believes the focus should be on proposing alternatives to guardianship rather than engaging in a battle over who has custody.

What is the importance of 'defense techniques' in family law cases, according to Célia?

Célia stresses the importance of having a technical defense in family law cases, where the focus is not on personal attacks but on a more structured, ethical approach that helps resolve the dispute while respecting all parties involved.

What is Célia's approach when mediating family disputes?

Célia prefers to ask clients to reflect on their past experiences with their children, such as how they lived together and what they would like to see in the future. This approach helps guide the mediation process toward finding mutually agreeable solutions.

How does Célia address the issue of parental alienation during mediation?

Célia discusses the role of mediation in handling cases of parental alienation. She emphasizes the importance of understanding the dynamics of parental relationships and using mediated visits to help establish connections and resolve underlying issues.

What does Célia mean by 'systemic thinking' in relation to family conflict?

Célia refers to 'systemic thinking' as considering the family as a living system, where the actions of each member affect the whole. She uses this perspective to address conflict by considering the needs and roles of all parties involved, aiming to foster healthy dynamics and transformation.

What role does communication play in resolving family conflicts, according to Célia?

Célia believes that communication is crucial in resolving family conflicts. She suggests that when conflict has not escalated too far, open and respectful communication can help address the issues and transform the situation without the need for a legal resolution.

How does Célia view the role of mediation in family law?

Célia sees mediation as a vital tool for resolving family conflicts. She believes that mediation provides a space for both sides to express their views, reflect on their desires for the future, and collaboratively build solutions that work for everyone, especially the children.