Articles published

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.

A perspective on the generation of trust in Spain and Latin America

By Joan Albert Riera Adrover, José Francisco Campos Vidal and Francisco Javier Gorjón Gómez
Published in Revista de Mediación Volume 12 No. 2

Different studies have affirmed that there is a relationship between trust and success in mediation, with salient literature on the subject being based on studies made in North America. This paper explores the factors that predict the generation of trust through the replication of the studies conducted to date in Spain (the Balearic Islands) and Mexico (Nuevo León). An analysis of the differences between both groups was then made through the application of the Building a Relationship of Trust in Mediation questionnaire designed by Author 1. The obtained results display statistically significant differences in the response patterns of both groups for the factors «the appointment of a mediator by a public authority body and/or recognized service; the parties’ attraction to the mediator; the mediator’s familiarity with the process; managing the mediation process; acknowledging the parties’ expectations; the mediator’s self-confidence; the mediator’s sincerity; the mediator’s legal expertise; understanding and supporting; kindness; highlighting the rules of mediation; and clear frequent communication». In this way, the differences between both countries could be distinguished in matters concerning trust-building in mediation.

Time in parenting coordination

By Isabel Bujalance Gómez
Published in Revista de Mediación Volume 12 No. 1

The goal of this paper is to explain to readers what is behind the parenting coordination process in terms of the procedure, methodology and analysis observation entailed by the objective and subjective part of the process in which there are very diverse elements such as courts, affectivity, internal dialogue, inconsistency in how parents, and all their family system, exercise parenting in detriment (often unaware) of the children wellbeing, in order to accompany them to reencounter in the exercise of parenting under the auspices of a judicial designation.

The Parenting Coordinator, a Linking Element between Parents

By Rocío Zafra Espinosa de los Monteros
Published in Revista de Mediación Volume 12 No. 1

When a couple decides to break their relationship they must bear in mind that that situation will not only affect themselves but also the children they are in charge of. For children, parents break up is usually complicated, and when the separation entails a long court process and the relationship between the parties deteriorates, their normal evolutive development is seriously disrupted. Therefore, the participation of a third party, the Parenting Coordinator, is to be envisaged so that they can assist the parties to ease court-driven relationships and pacify the relationship for the sake of children.

Characteristics of the Role of the Parenting Coordinator, and its Differences with Other Kinds of Interventions

By Gloria Terrats Ruiz and Anna Carmona i Algueró
Published in Revista de Mediación Volume 12 No. 1

According to the AFCC task force (2005), Parenting Coordination is understood as a conflict resolution alternative process, focused on the child and aimed to the formulation and implementation of a Parenting Plan. One of the features that distinguish Parenting Coordination from other kinds of interventions (Mediation or Therapy) is that the Court allows the Coordinator to somehow make decisions about times and/or visitation days, as long as the total timing stipulated by the divorce decree is not substantially altered. The goal of this paper is to point out the specific characteristics that determine the role of the Parent Coordinator and compare it to the intervention of other agents involved in the resolution of family conflicts.

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 templates can be downloaded here.