The risks of self-serving normative use of mediation are
indisputable, since with the arrival of the new national regulations on
procedural efficiency The role of alternative methods is called into question
conflict resolution. Without a doubt, from a bird's eye view, Mediation shines on its own and does not
requires a fictitious coexistence with other methods of conflict resolution
traditional ones like the justice system, but we must also recognize that these
Procedural measures will put on the table alternative methods of resolving disputes.
conflicts.
Mediation should be the priority method in managing
conflicts of any kind
They are on the table measures that emphasize the task of the parties in managing
conflicts trying to bail out water in mediocre public justice service no
has sufficient tools to ensure effective responses and that
run normally. Therefore, it is clearly an opportunistic use that
makes the parties responsible for the viability of a process that must be supervised by
the public service; so much so that situations of inadmissibility arise if the parties
do not base their requests on attempts at prior negotiation. With this, those who
We understand that Mediation should be the priority method in managing
conflicts of any kind, it should be the professionals who in the
provision of their services prioritize this type of actions, that is, the
Mediators will have a crucial role to play in giving rise to the mediation that is coming
mandatory compliance by regulations.
The informative role of mediators will be essential to be able to work in each process
As we have been announcing since the international school of mediation, the role of
The briefings will be final and the main space in which the mediators
They must be trained because at that time (opportunity provided by the deserved
regulations) must be clear and convincing both in the working model and in
the tools provided to the parties to be able to work in mediation. With
Therefore, it will be interesting for the public justice system to guarantee the way in which
try the practice of mediation, that is, type of session and professionals who provide it
These services (the registry of mediators of the ministry and professional associations)
will play a very important role). The benefits of the mediation process should
convince the parties to work on an agreement whose content they will define.
The inclusion of mediation in the public justice system is a long-distance race
As a professional convinced of the self-composition methods in the management of
conflicts, I call for calm and tranquility with the insertion of mediation in the system of
public justice, a system that is consolidated, that moves slowly and fits poorly
the modifications. With slow and firm steps, the mediation must convince the
ordinary citizen, not to public bodies, because the ultimate goal, is that these are
become in the end the guarantors of the agreements reached by the parties in
certain spaces for legal discussion. Go ahead with the regulatory modification and
welcome to activate conflict management processes that had been
invalidated and that far from being useless, they are more valid than the borrowed mechanisms
by third parties.
