The Ministry of Justice has taken another step regarding mediation and its state regulation through Law 5/2012 of civil and commercial mediation. It is a new ministerial order, the Order JUS/746/2014, of May 7, which has already been officially published in the BOE on May 9 and has come into force one day after its publication.
The preparation of this order responds to the need to expand and develop articles 14 and 21 of the Royal Decree 980/2013, December 13, which are the following:
"Restorative Justice is a more humane justice, which takes people into account and not just file numbers."
Virginia Domingo She is an expert in restorative justice and criminal mediation, as well as a member of GEMME, coordinator of the criminal mediation service of Castilla y León and also president of the Restorative Justice Institute-AMEPAX. President of the first entity created in Spain dedicated to the study, research and advice in restorative justice, Scientific Society of Restorative Justice. His latest published book is titled "Restorative Justice, much more than mediation", with a foreword by Howard Zehr.
To what types of conflicts is criminal mediation applied?
A: Criminal mediation, in principle, can be applied to any crime regardless of its seriousness. It should be a universal right for any victim regardless of the crime suffered. It is true that to begin with it is advisable to do so with lighter crimes because experience in criminal mediation is very important, perhaps more than in other types of mediation. More than the type of crime and its severity, each specific case should be examined to assess, according to its circumstances, and those of the victim and the offender, whether criminal mediation is viable or not. In minor crimes, criminal mediation would be an alternative, in serious crimes it would be a complement to traditional criminal justice..
"Restorative Justice is a more humane justice, which takes people into account and not just file numbers."
Virginia Domingo She is an expert in restorative justice and criminal mediation, as well as a member of GEMME, coordinator of the criminal mediation service of Castilla y León and also president of the Restorative Justice Institute-AMEPAX. President of the first entity created in Spain dedicated to the study, research and advice in restorative justice, Scientific Society of Restorative Justice. His latest published book is titled "Restorative Justice, much more than mediation", with a foreword by Howard Zehr.
To what types of conflicts is criminal mediation applied?
A: Criminal mediation, in principle, can be applied to any crime regardless of its seriousness. It should be a universal right for any victim regardless of the crime suffered. It is true that to begin with it is advisable to do so with lighter crimes because experience in criminal mediation is very important, perhaps more than in other types of mediation. More than the type of crime and its severity, each specific case should be examined to assess, according to its circumstances, and those of the victim and the offender, whether criminal mediation is viable or not. In minor crimes, criminal mediation would be an alternative, in serious crimes it would be a complement to traditional criminal justice..
The Auditorium of the University of Deusto (Bilbao) will host the next May 22 and 23 he III State Congress for mediation: “Sharing experience, designing profession”. A space dedicated to debate, reflection and the sharing of opinions, ideas and professional experiences on the civil and commercial mediation In our country.
The journeys offer the opportunity to know the application of mediation in very different areas and also offers a personal approach to those mediation professionals who currently carry out their professional tasks in this field.
The mediator Alicia Pérez already advanced it in her previously published article about the social mediation as a fundamental basis for citizens when it comes to resolving their conflicts, with special emphasis on preventing situations that may destructure the social and/or family environment. This week we leave you with an interesting article that reflects on the importance of neighborhood mediation and the responsibility of local administrations:
Article written by: Ángel B. Gómez Puerto, jurist specialized in Family Mediation from the University of Córdoba (UCO).
I recently participated in a seminar on the “culture of agreement” in the Sevillian district of Triana, organized by the association that manages the mediation service in this Sevillian neighborhood. This is a novel municipal service, which has been operating as a “pilot” experience since February 2013, and which focuses its activity fundamentally on neighborhood mediation. Actually, I found it very interesting, a good practice to extend.
In the city of Córdoba, little by little the culture of mediation is taking hold, although for now only in professional fields., not neighborhood or social. Thus, last year 2013, almost one hundred professionals from law, psychology or work/social education developed the specialization course in Family Mediation at the University of Córdoba. And a few days ago the Course of Civil and Commercial Mediation that we are studying around ninety jurists from the Córdoba Bar Association.
'MediAction. A space for conflict resolution is the program in question, directed and presented by journalist Juan Ballesteros and Isabel Ralero, president of the NGO Intermedi@cción. In it journalism is combined with social mediation, through the analysis of cases sent by listeners to then give the keys on how to positively confront and resolve all these various situations of disagreement in everyday life.
"Mediation in companies saves time and money costs, in addition to maintaining relationships with the client or supplier."
Look at Josune Real She is an expert in Commercial Law, president of the Basque Association of Mediators (Bitar Bask), director of the legal area of Garrébil and author of the book How to mediate in civil and commercial matters? In the interview he talks to us about mediation in companies and what differentiates commercial mediation from the rest. He also tells us the advantages of mediation for a company in terms of conflicts that can damage the image and give bad publicity. In addition, he tells us what his book on civil and commercial mediation is about.
"The mediation in companies it saves time and money costs, in addition to maintaining relationships with the client or supplier.
Look at Josune Real She is an expert in Commercial Law, president of the Basque Association of Mediators (Bitar Bask), director of the legal area of Garrébil and author of the book How to mediate in civil and commercial matters? In the interview he talks to us about mediation in companies and what differentiates commercial mediation from the rest. He also tells us the advantages of mediation for a company in terms of conflicts that can damage the image and give bad publicity. In addition, he tells us what his book on civil and commercial mediation is about.
Liduvina Calatayud Cros.- In Mediacciona We are a team of professionals who work to make environmental mediation a common practice in our environment and that the management of environmental conflicts is done in an agile, economical, sustainable, reliable way and supported by citizen participation. Our proposal is the addressing environmental conflicts through mediation.
What is an environmental conflict?
We define environmental conflict as a particular type of social conflict in which the issue in dispute is environmental conditions and people's quality of life. In these conflicts there is an explicit controversy - of information, interests or values - between at least two interdependent parties that pursue supposedly incompatible goals.
Article written by: Alicia Perez, social worker, mediator and social expert. Co-author of Civil and Commercial Mediation Course from Didactic Foundation XXI.
lNowadays, mediation has become a great commitment from different levels such as the Public Administration, but also from other private spheres, with the aim of building a new citizenship based on dynamics of conflict resolution different from other more well-known ways of resolving conflicts. the conflicts.
Mediation is considered as a communication process that allows conflict situations to be addressed, which with the intervention of the mediator (a neutral and impartial third party) helps the parties to voluntarily achieve a positive situation in the face of the conflict. This is built from some fundamental principles that lay the foundations to differentiate it from other methods of conflict resolution, such as the ordinary judicial system.
These fundamental principles are the voluntariness of the parties and the impartiality and neutrality of the mediator. On the other hand, when the parties find themselves in a situation of stagnation, with the help of the mediator, they try to find different alternatives in a coordinated and consensual manner that allow them to optimize agreements capable of responding to the interests that each one has. with a collaborative sense between both.
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