RESTORATIVE JUSTICE IN FAMILY LAW: A LOOK FROM THE MEXICAN LEGAL SYSTEM

Abstract

The family, that transcendental nucleus of any society, has been extremely undermined today. Family conflicts are the order of the day and unfortunately, the Mexican courts are completely overwhelmed, the increase in requests for judicialization of family conflicts is alarming. Unfortunately, the judicialization of the conflict will do nothing for family ties, since before the courts, a legal solution to the problem can be given, however, the underlying solution is not entered into, legal responsibilities, custody, cohabitation regime, alimony, but the underlying conflict is not resolved, not only material and legal damages are generated, there are also emotional damages, and these wounds do not heal, thus the family members witness the irremediable breakdown of family ties. For a long time it was held that restorative justice was exclusive to criminal law, however, we believe that restorative justice is the ideal way to address family conflicts. These lines aim to demonstrate that restorative justice is an important way to solve family problems, trying to restore the ties between its members, allowing family ties to survive.