Issue 10. Second half 2012

Conflicts are part of our lives and they also happen in the sports’ arena. This article aims at presenting the conflicts that often occur in sports, how they are currently resolved, and what is the role mediation can play in it. To do that, a description of how sport is organized worldwide is done, explaining also the legal framework that governs sports bodies and the professionals belonging to them, and based on this, how a mediation service can be established. Finally, a presentation is made of the advantages of using mediation as a dispute resolution procedure in sports.

This article aims at making the case for the relevance to act in solving the disputes that occur in the field of health. Also, a proposal for intervention is made to manage conflicts that diminish both the quality of the services provided by the health institution, and the willingness and occupational health professionals. Namely, support is given to the mediation procedure as an effective tool for the resolution of the different disputes.

Post-traumatic stress in victims of sex violence is a side effect of the violence inflicted on them, but also there are other stress agents that are not closely linked to the sexual violence although they might be related. Partly, these stressing agents are originated by the conflicts occurred within the closest referential environment, family, partner, etc., after the sexual violence episode. These conflicts mean a perception or believe of interests understood as something incompatible. In this connection, mediation can be an efficient tool to solve these kinds of family conflict. The purpose of mediation will then be to mediate between the victim and his/her family, not including the offender who has forced the episode/s of sexual violence.

This article sets out the general guidelines of the MIMACE Project: «Intercultural Mediation as a Tool for Improving the Family-School Partnership». This is a programme for schools that can have a high level of conflict related to multiculturalism in their classrooms. The main goal is to improve the necessary relationship between the schools and the families through mediation, so that this alliance can have an impact on the welfare of students, who can ultimately benefit from it. To do this, two types of actions are presented: first, prevention, based on creating more respectful school cultures, and, second, the mediation as a strategy for conflict solving conflicts once they have emerged.

Family businesses make a great contribution to the Spanish economy. However, statistics prove that few of them survive intergenerational successions. The solutions that are usually offered are limited to cover mainly legal or economic matters, leaving emotional aspects aside. This article proposes the use of mediation to manage these conflicts in a comprehensive manner, with a focus on preventive measures, such as family protocols which serve as a guide for the future both of the firm and the family.

Most of the problems faced by family companies are related to aspects of an emotional nature, due to the type of relationship that exists between the family members. In this article we will present a case study of mediation for a family business in which the conflicts arising from a problem in the family were passed on to the business world.

Med-Arb is a controversial hybrid of two processes in which the parties first use mediation, and if the process is not successful, arbitration. In the «pure» form, the same Neutral assists both processes. The main advantage of this practice is the time and money that can be saved. But how can an arbitrator who has held discussions with the parties satisfy the requirements of «impartiality» and be a «fair arbitrator?» The issues analyzed are: 1) if the same Neutral can fairly serve in the Med-Arb process, 2) the UNCITRAL and ICC rules regarding the Med-Arb process, and 3) some recommendations.