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The purpose of the text is to analyze the (un) institutionalization of mediation, addressing its reception by the Brazilian judiciary, in order to verify its application and use. This objective arises from the following question: was mediation institutionalized by the Brazilian judiciary? Has your application and usage been happening in a linear fashion? The main hypothesis responds negatively to the first question. The second question is also hypothetically answered in a negative way. At end of the research, the hypothesis was confirmed. The methodology used had the method of deductive approach. The monographic method was used as the procedure method.