Neighborhood Mediation Vs Community Mediation

Sometimes we find that community mediation and neighborhood mediation are terms that are used interchangeably, when they have their own connotations and nuances that must be considered so as not to confuse both figures that, although they are related, we understand that they do not refer to the same thing.

Community is a broader concept than neighborhood. In this sense and in accordance with the definitions provided by the Dictionary of the Spanish Language of the Royal Spanish Academy, the neighborhood can be understood as the “Set of people who live in the different dwellings of the same house, or in several immediate ones from each other.”, while the community is defined as “Set of people in a town, region or nation.”

Thus, in mediation work, the neighborhood sphere can be approached from a strictly private perspective, when talking about relationships that correspond to the particular sphere, without intervention from the public sphere being, in principle, necessary.

In neighborhood relations, in accordance with what is stated in the Explanation of Reasons of Law 49/1960, of July 21, on horizontal property, we must try to ensure that the rules that are dictated (we will add, agreements that are adopt) are aimed at ensuring that the exercise of one's own right does not result in the detriment of others or the detriment of the whole, in order to achieve a normal and peaceful coexistence.

On the other hand, we dare to say that community mediation stricto sensu (thought by and for the citizen) cannot be understood without public intervention. And this, since, It is the Public Administration that is responsible for objectively serving the general interests and work for the common good, as advocated - among others - by the supreme norm of the Spanish legal system (Spanish Constitution).

Within the general principles that govern administrative action included in art. 3.1 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector, we find as an example (without this constituting an exhaustive list) the following, which could serve as a basis to support the promotion of a mediation service community:

• Effective service to citizens.

• Simplicity, clarity and proximity to citizens.

• Participation, objectivity and transparency of administrative action.

• Rationalization and agility of administrative procedures and material management activities.

• Good faith and legitimate trust.

• Efficiency in the allocation and use of public resources.

In short, mediation has a place in the private sphere, but also in the public sphere, with the community mediator having a comprehensive profile that would allow him to address both..

Although, at this point, dear reader, you can sense that working for the public 1) is not always easy and 2) requires knowing and managing the possible routes of access and action, in addition to the management of techniques and skills. adapted to the particularities of the work environment.

This is why, at the International School of Mediation, we have the Specialty in community mediation, a course accredited by the Ministry of Justice (ID 16011) where we explore conflicts at the community/neighborhood level, with the idea of training our students and increase their employability in such an interesting, practical and dynamic subject.