Articles published

This article presents the design of the M-Educa Program for Educational Orientation and Mediation, as a proposal for educational innovation aimed at responding to the need presented by some centers to integrate effective actions in their educational projects and coexistence plans. Next, the general points of the program developed in a Spanish educational centre are shown, more specifically, the training of the mediator student team will be deepened, presenting below a summary of the didactic guide designed by the author for this purpose. For this, the general characteristics of the formation of the student team, the objectives set, the blocks of content worked are detailed, in the same way as the criteria taken into account for the evaluation and final selection of the mediators, in which the intention was not only to prevent violence in response to a disagreement, but also to improve the skills of the educational community.

This paper aims to drill into, and shed light on, the reasons that warrant the creation of a prospective pre-suit court-connected mandatory mediation with an easy opt-out in Macau. Such model is bound to be a natural follow-through of the prone cultural background in which Macau sits. Such assertion lies at heart of this essay.

The aim of this paper is to know whether the defendants who have participated in family mediation are satisfied with the treatment and assistance received; the opinion they have about the results of the mediation process they participated in; and their attitude towards mediation. In the study, 109 people (60 women and 49 men) participated, coming from the family mediation service of the Family Courts of Vigo, with ages between 22 and 73 years, the average age being 38.83 years (SD = 8.572). 81.5% had underage children, 3.7% adult children and 14.8% underage children and children above the age of majority. Measuring the satisfaction of the users of family mediation services is considered a key tool to guarantee the quality and efficiency of mediation.

This exploratory study presents the results of a research conducted on elements of apology letters from an offender to the victim of a crime, according to the opinions of 11 experts in restorative justice in Western Andalusia (Spain). A qualitative design based on Grounded Theory and Family Categorization has been carried out. The results show that apology letters are a way of offering a narrative explanation of the crime from an offender perspective. A systematization of the elements in theoretical categories is proposed (Content, Formal Aspects, Emotional Component and Future). Likewise, some original elements of the apology letter are pinpointed, which can be related to the writing of the letter, the language used and the possibility for the offender to explain the events resorting to a broader vital narrative. The paper underlines the need to further research the use of narrative tools in the field of restorative justice.

This paper presents the basic concepts of gender studies such as the difference between sex and gender, identity, choice and sexual orientation, and their involvement in mediation processes. It focuses on how gender roles and stereotypes lead to specific masculinity and femininity concepts that impact the mediation process. These social constructs determine patterns that reflect the sexual division of labour. The paper approaches the gender and power issue from a feminist standpoint. Lastly, the reflections and questions that emerge in mediation processes are presented from a gender perspective, and the paper pinpoints the importance of co-mediation as a strategy to overcome gender biases.

The aim of this paper, which has an opening summary of the fundamental characteristics of transformative mediation, is to pinpoint and address some of the “myths” and inaccurate ideas that have emerged in time about this specific approach. Simplifying each mediation model, their usefulness and the mediators’ assumptions, together with information on these assumptions that is lacking, deficient or clearly mistaken, have led to ideas in the mediators and conflict resolution practitioners community this paper attempts to clarify.

The present paper supports the need to train physical education teachers to mediate conflicts in class. Physical education and sports sessions in schools are spaces of strong interaction between children and adolescents, the cause of constant physical and verbal confrontations, teasing and bullying, situations that induce conflicts which are not always appropriately addressed by teachers of this specialty, as they do not rely on mediation tools. Although work is done to improve the technical and tactical aspects of physical exercise among the physical culture and sport professionals, it is important to prepare pedagogues able to mediate in conflict situations, a specialist who promotes the pedagogy of coexistence in the class through mediation, generates spaces for understanding and forms citizens committed to peace.

This paper addresses the existing problems around the conflicts that emerge in the domain of Intellectual Property, especially those that are prone to vulnerability in a court proceeding. This is the reason why we aim at bringing together this category of controversies and the most appropriate alternative resolution procedures included in our legal system which are deeply rooted in comparative law. The paper also addresses how their use by the Intellectual Property Commission, or organizations such as WIPO - although at national level it is still very rearely used-, makes us opt for Mediation as the most appropriate process to respond to this type of disputes.

The state of emergency established by the Spanish State on March 14th, 2020, changed the course of the legal system and the ADR methods; more specifically that of the mediation. Due to the impossibility of face-to-face mediation, telework has opened the door to online mediation, a mode used before the COVID-19 pandemic to solve conflicts in e-commerce; since the pandemic, this mode has become a model for all fields of action.
In this paper, the advantages and disadvantages of online mediation will be presented. Likewise, the results of a survey conducted among mediators in the Autonomous Region of Catalonia will be shown in order to pinpoint the difficulties encountered by mediators since the beginning of the pandemic to this day. To conclude, based on the analysis of the responses obtained, an improvement proposal was made to be implemented at the Catalonia Mediation Centre in order to tackle the adversities pointed out by mediators.