Articles published

Transforming Conflicts Online in Cross-border Disputes

By Óscar Daniel Franco Conforti
Published in Revista de Mediación Volume 13 No. 1

One of the fields in which conflict resolution is developing is the Internet where it will, no doubt, become one more tool used to transform conflicts in cases of cross-border disputes and also to achieve the execution of a cross-border agreement within the EU, regardless of the nature of the dispute, whether internet related or not. This article reviews the state of on-line mediation and further defines, according to the legal framework in Spain, what is meant by electronic mediation; also, this paper intends to become a significant resource for legal counsel, institutions, Online Dispute Resolution service providers, governments as well as those with a more academic interest. Undoubtedly, for those who work in the field of peace building and value technology as a tool of it, online dispute resolution is actually an indispensable resource. 

Taking the perspectives of others in cognitive empathic processes

By Luis Bodoque Gómez
Published in Revista de Mediación Volume 13 No. 1

In order to establish a correlation of ideas between philosophy and psychology, in relation to the study of the empathic cognitive capability to assume another person perspectives, the possibility is suggested that both the phenomenological intuition and the mental simulation should correspond to phenomena linked to this subtle reflex inferential process, which constantly completes a very limited direct perception capability on our part, that hypothetically fail to comply with the requirements of an psychophysical functioning of an enactive nature. It is also indicated that the appropriate way to operate with process, in order to assimilate approaches that are alternative to our own, would be to deploy it through revived personal evocations of biographical moments equivalent to the way in which the others are «located in the world», revealed through observed stereotypes, in relation to it. Lastly, it is noted that the resistance to accept certain behaviours as our own, generates problems in this regard.

The Influence of the Variables Gender, Language and legitimation in the Quality of Family Mediation

By Isabel Ximena González Ramírez and Bastián Ignacio Cuevas Campos
Published in Revista de Mediación Volume 13 No. 1

This article shows the importance of good management and use of techniques in family mediation processes, especially in the components of communication, participation, containment of emotions and attitudes consistent with public policies, which allows to optimize the quality indices of Family mediation, a public policy mechanism that is important in family law in Latin America. For which an experimental study was analysed that uses an innovative and validated empirical methodology of qualitative and quantitative type of evaluation of the quality of the family mediators tendered, used during the last seven years by the Ministry of Justice and Human Rights and some Chilean universities. Through which the use of mediating techniques of greater weight is evaluated, in each of the components that make up each stage of the mediation process -especially those of legitimization between the parties, paraphrasing, circular interventions and gender approach in mediation-; variables that have a greater influence on the quality of mediation processes in the area of family law.

Conflict Resolution Proximity and Appropriate Mechanisms: A Structural Proposal

By Rafael Lafuente Sevilla and María Abigail Fernández González
Published in Revista de Mediación Volume 13 No. 1

In spite of the fact that legislation on mediation exists in our country, the use of ADR is clearly not widespread. This is due, in our opinion, to the absence of public policies that promote structural responses to create Conflict Resolution Public Centers for citizens to appropriately deal with dispute, on the basis of dialogue and understanding. At the same time, the Public Administration does not have a referral system in place so that disputes can be dealt with using appropriate mechanisms, except for a few pilot projects. For this reason, two structural proposals are made: the creation of Conflict Resolution Offices, set up jointly by different Public Administration instances in order to address conflict in an adequate, proximity and efficient way; and the implementation of an organized, flexible and efficient referral system to be used by Judicial Offices.

Mediation, Succession Disputes and Family Business

By Cristina Argelich Comelles
Published in Revista de Mediación Volume 13 No. 1

The aim of this paper is to analyze the Mediations that originate or is produced after a succession process, particularly when a family business is involved. In this regard, different succession instruments will be studied, such as cautela socini, appointing trustees, mediation dispositions in wills, and will substitutes, as well as family genome and the role of Notaries in dispute resolution. Lastly, conflict resolution in family businesses is addressed by dealing with specific instruments such as Corporate Bylaws, Corporate Compliance and Family Protocol.

Disputes and mediation in Spanish prisons

By Antonio M. Lozano Martín, Javier Nistal Burón and Francisco Jiménez Bautista
Published in Revista de Mediación Volume 13 No. 1

This paper shows the results of the analysis of the «Dialogue Conflict Resolution Program», which has been implemented since 2008 in highly conflictive prisons in Spain, consisting in the introduction of mediation processes as a method to deal with the disputes arising among prison inmates, in order to reduce them and improve, as a result, the living environment in the general context of penitentiaries. To do that, a quantitative methodology was used, taking into account the data provided by both the «National Statistics Institute» and the «Directorate General of Penal Institutions»; this enabled us to conclude that the number of disputes has been, indeed, reduced.

Victim-Offender Mediation on Family Relationships: A Possible Application

By Taufik Mohammad
Published in Revista de Mediación Volume 12 No. 2

Victim-offender mediation is a restorative-justice driven approach in dealing crime that has been shown to be beneficial to both the victims and their offenders in various aspects. However, in many implementations of victim-offender mediation in the past, focus has been given on the direct victim – ignoring other types of individuals that may be affected by the crime. When an offender commits a crime, the offender’s family members are also effectively victimized in various ways, including ostracization by the public, deterioration of relationship, and stress. This makes them a part of victimhood circle that should also be addressed. Furthermore, the involvement of family members in the rehabilitation of offenders is also crucial for the rehabilitation to be effective. These arguments are the basis of this article’s thesis – that family members can be situated on the ‘victims’ side in a victim-offender mediation. However, this article also acknowledges the concerns of past scholars who brought up the possibilities that many restorative-justice driven approaches of crime that are adjusted to a particular context may violate the essence of restoration.

What is Revista de Mediación

It is an academic, biannual, online, and free of charge journal on Mediation and other ADR, of high editorial quality, highlighted relevance and professional interest that encourages scientific study and rigor, best practices and innovation, analysis and positive resolution of conflict through alternative and peaceful ways (ADR). It is addressed to mediators, specialists in conflict analysis, management and resolution, and to those interested in these fields.

What articles are accepted

The “Revista de Mediación” management team considers the best authors and the most updated research projects that might be of interest for the entire mediation practitioners. Having quality papers is, ultimately, the main criterion to decide upon publication. In order to accurately respond to the professional principle this Journal aims at, we consider that it is appropriate to meet some requirements other publications, publication standards and writing books have in order to insure the relevance of the published topics.

How to submit papers

If you wish your article to be assessed for publication by “Revista de Mediación” please send the following documents to the email revistademediacion@imotiva.es templates can be downloaded here.