Open-access Participation of children and adolescents in family mediation: challenges and perspectives for mediators and professionals in the Brazilian justice system

This article presents empirical research that aimed to analyze how children and adolescents could be listened to in family mediation in Brazil, in order to ensure that their best interests are taken into account. Fourteen judicial mediators and five professionals in the area of ​​family, childhood and youth participated. Semi-structured interviews were used to collect data. The data were processed using the Content Analysis method and analyzed through the literature on childhood, youth and family mediation. It was concluded that the Brazilian legal system must ensure that children and adolescents are heard with respect in custody and cohabitation processes, in accordance with the Statute of the Child and Adolescent and the Convention on the Rights of the Child. The research conducted in Fortaleza indicated that protected listening, carried out by specialized professionals, can facilitate parental reconfiguration and strengthen the participation of children, without overloading them with responsibilities, and also highlighted the importance of creating structured protocols and trained mediators. The research suggests further investigation to improve strategies that ensure a balance between listening to and protecting children and adolescents in this context.

Keywords:
Children and adolescentes; Family Mediation; Custody and Living Arrangements; Protected Hearing; Parental Reconfiguration.

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