Articles published

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.

Mediation in South-America: A Comparative Perspective Brazil-Paraguay

By Lucas Alves Almeida
Published in Revista de Mediación Volume 12 No. 2

The goal of this study is to analyse, in detail, the comparative law with respect to the principles governing the positivized mediation system in Brazil and Paraguay, and their respective legislations, as an essential instrument to the appropriate administration of Justice and dissemination of the culture of peace. In this paper, we will see that in the Brazilian law, mediation achieved its formal regulation in 2015, thanks to the publication of the Code of Civil Procedure (Act 13,105) and the Act 13,140/2015 of Mediation. Mediation in Paraguay came to existence in 2002, when Act 1879 of Arbitration and Mediation entered into force establishing the method. In this analysis, the primary differences between the laws of the two countries were observed, noting that such standards present innumerable similarities.

Using Mediation to Make Civil Rights Enforced in the United States

By Walter A. Wright
Published in Revista de Mediación Volume 12 No. 2

This article focuses on Civil Rights Federal Laws that came into force in the United States in the second half of the 20th century, and on some of the mediation programmes established by Federal Public Offices, Federal Courts, and some major companies to enforce these laws. The programmes described are two programmes created by the Employment Equal Opportunity Commission and the Department of Justice; a conflict resolution programme designed by the Federal District Court in Texas that includes mediation; and the internal conflict resolution programmes implemented by the United States Postal Service, Halliburton Company and Shell Oil Company, all of which include mediation.

Family Mediation and Parenting Plan: Mechanisms to Exercise Personal Care and Co-responsibility and Active Parenting

By Caterine Valdebenito Larenas, Andrea Rojo Burrows and Pablo Campillay Díaz
Published in Revista de Mediación Volume 12 No. 2

The personal care or caring for minor children of separated or divorced couples is a special issue for the rights of families and children when observed in light of the constitutional block of human rights signed by countries in different international treaties, placing with it the gender approaches, the protection of children co-responsibility as crosscutting elements in the current enforcement of the law, in order to take care of the condition of children as rights subjects. For this reason, this theoretical work sought to observe how mechanisms of family mediation and the incorporation of the parenting plan are enforced in Chile, Argentina and Spain in personal care cases, finding a set of similarities in normative and procedural aspects, which allow assessing their contributions in the resolution of conflicts, especially their application to the process of parental responsibility and care, upbringing and protection of children and adolescents from a gender perspective.

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.